Colorado Springs Marital Settlement Agreement Lawyer
Dedicated Family Law Attorneys Prepare and Execute Marital Settlement Agreements for Clients in El Paso County, Teller County, Pueblo County, and Throughout Colorado
If you are in the middle of a divorce, the idea of worrying about forming an agreement with your former spouse may be the last thing on your mind. Undoubtedly, this is a challenging time for you and your family. At Brighter Day℠ Law, a qualified Colorado Springs marital settlement agreement lawyer can help if you are seeking a marital settlement agreement in your divorce action, and will be there to support you throughout the entire process.
Table of Contents
- What is a Marital Settlement Agreement? And How Can A Colorado Springs Marital Settlement Agreement Lawyer Help?
- What’s Included in a Marital Settlement Agreement?
- Marital Settlement Agreements And The Divorce Process In Colorado
- Contact a Trusted Colorado Springs Marital Settlement Agreement Lawyer at Brighter Day℠ Law for a Confidential Consultation Today
- Frequently Asked Questions about Marital Settlement Agreements in Colorado
What is a Marital Settlement Agreement? And How Can A Colorado Springs Marital Settlement Agreement Lawyer Help?
When you are ready for a divorce, a marital settlement agreement becomes necessary. In Colorado, a marital settlement agreement (MSA) is a legal document that resolves all of the issues ancillary to the divorce. The divorce itself is the legal dissolution of the marriage, while the MSA is the contract between the parties. MSAs are also referred to as Property Settlement Agreements. Sometimes, divorcing couples have only marital property and debts to contemplate in their separation, but, often, divorces call for a more comprehensive and nuanced agreement, especially when minor children are involved.
At Brighter Day℠ Law, our experienced Colorado Springs marital settlement agreement lawyers have decades of experience helping clients resolve complex issues and transform their lives. Seeing the big picture can be critical in cases involving an ex-spouse, children, finances, and property which is why we are here to help you identify solutions that work for you and your family. Involving a qualified family law attorney can help you to see aspects of an agreement that aren’t initially clear. You need a legal advocate to ensure sure that your agreement meets your current needs and safeguards your future.
To learn more about our practice and how an experienced Colorado Springs marital settlement agreement lawyer from our firm can help with your MSA, contact us to schedule a confidential consultation today.
What’s Included in a Marital Settlement Agreement?
The marital settlement agreement will depend on the respective needs of the couple at the time of the divorce. It may be drawn before or after the couple files — even while spouses are still living together. Since the MSA is a written contract spelling out the couples’ rights, dividing their property, and settling problems such as alimony and custody, it can include any of the following:
- Distribution of assets and debts
- Child support
- Child custody
- Parenting time and visitation
- Tax-related issues
- Health insurance
- Property division
- Legal and/or expert fees incurred during the divorce process
- Any other important and legally enforceable issues related to your divorce
The family law attorneys at Brighter Day℠ Law are experienced in MSAs and know how to best prepare you from start to finish, or to review an existing MSA (if it is proposed/unsigned) and advise on its fairness and completeness. We understand how critical it is to include precisely what is important to you in the MSA, which is why we draft agreements that are comprehensive and cover all areas.
A dedicated Colorado Springs marital settlement agreement lawyer from our firm can craft agreements that cover everything from potential pitfalls if someone doesn’t cooperate, to executory provisions for ensuring that post-judgment matters are addressed as smoothly as possible.
To find out more about what we can do for you, contact us today for a consultation.
Marital Settlement Agreements And The Divorce Process In Colorado
Divorces are either contested or uncontested in Colorado.
A contested divorce is when an agreement cannot be reached on all issues, including:
- Property division
- Child support
- Child custody
- The divorce itself
An uncontested divorce is when an agreement is reached on all the issues based on two scenarios:
- Consent – where the parties agree on all major issues and execute an MSA codifying the agreement.
- Default – where one party fails to appear to contest the divorce or any issue in it, either because he or she chooses not to oppose it, or because he or she cannot be located.
By entering into a marital settlement agreement the couple makes their divorce an uncontested divorce.
Contact a Trusted Colorado Springs Marital Settlement Agreement Lawyer at Brighter Day℠ Law for a Confidential Consultation Today
At Brighter Day℠ Law, our attorneys treat you with compassion and respect. We will help you if you are seeking a marital settlement agreement in your divorce action, and are here to support you throughout the entire process.
Contact a dedicated Colorado Springs marital settlement agreement lawyer at Brighter Day℠ Law for a confidential consultation today.
Frequently Asked Questions about Marital Settlement Agreements in Colorado
Colorado is an “equitable distribution” state, which means that all property acquired during the marriage is marital property (meaning it is both yours and your spouse’s) regardless of how it’s titled. Non-marital property refers to something acquired by gift, inheritance, or with exempt assets provided the titling isn’t comingled.
Generally regarding marital property, the following applies:
— If the asset was acquired after the date you were married, it is presumed to be a marital asset or debt.
— Even if an asset or debt was acquired by your spouse individually, it is considered to be marital property, if acquired during the marriage (including rights in pension and profit-sharing plans).
— Any real estate acquired during the marriage is considered marital property unless proven otherwise.
— If someone is asserting that an asset is exempt, the burden is on the party making the claim to prove it isn’t marital.
Generally, in consideration for non-marital property, the following applies:
— If an asset or debt was acquired before the date of the marriage, it may be considered non-marital property (depending on what happened to it). For example, if one spouse’s separate property is mixed with the other spouse’s marital property, this asset may be treated as marital property (not separate property) during a divorce.
— Property acquired as a gift or inheritance is considered non-marital property.
— In some circumstances, income from any non-marital property could also be considered non-marital property.
Yes. In Colorado, you and your spouse can amend your MSA after it is filed with the court if you both agree that a change is appropriate. You may contemplate attending mediation before a modification is requested in the court. If a spouse disagrees, then you can file a motion in court requesting a modification. There are some things you can modify if you show a change in circumstances per case law. For example, the court has the ultimate authority to modify terms relating to child custody and support regarding a substantial change in circumstances.
If you wish to learn more about marital settlement agreements, schedule a confidential discussion with Brighter Day℠ Law today.