What can I do if my spouse emptied the bank accounts?
If your spouse “cleans out the bank accounts,” you need to inform your attorney. Your attorney can demand a full accounting of all bank records to make sure that the amount you are owed is accounted for. Furthermore, your attorney can ask the Court to ensure you get credit or paid back your share of this joint asset at either Temporary Orders/Permanent Orders.
Can I make my husband or wife move out of our house?
Not unless you have a court order that orders a spouse to vacate the family premises. The Court will maintain the status quo and allow both parties to remain in the home until Permanent Orders, at which time the Court will decide who keeps the house or whether the house will be sold. Oftentimes, one party moves from the home just to maintain peace and keep separation. Either spouse, however, may ask the Court to order one spouse to leave the home if the other spouse is dangerous or blatantly and clearly is violating the Court Ordered duty to maintain the peace of both parties. Temporary Protection Orders are another mechanism to remove one spouse from the residence if there is imminent harm to one of the spouses.
How do I make my spouse pay me spousal maintenance?
If maintenance (alimony) is needed by one spouse, that spouse may ask for a Temporary Orders Hearing on this issue.
What Can I Do If My Spouse Won’t Let Me See My Kids?
Until there are Court Orders concerning parenting time, the Court has no power to enforce parenting time. It is imperative that the parties either agree on what parenting time will be or ask for a Temporary Orders hearing as quickly as possible. The Courts are clear that parents who present no risk to their children should be afforded parenting time. If there are legitimate concerns about the other parent being an unsafe or unstable parent there are, of course, statutory mechanisms for limiting or supervising that parent’s parenting time.
How Do I Protect My Business or Practice During a Divorce?
If you own a business and the business revenues have grown significantly during the marriage or your spouse contributed to the business’s growth, the business could be deemed a “joint asset.” A joint asset is considered marital property and would be divided during the property division process. Typically, the business is appraised, and then the business owner would buy out his or her spouse’s financial interest. If the business is a joint asset, the buy-out price would be half the appraisal value of the business.
To protect your business interests and business assets, while you navigate through your divorce case, you should concentrate on:
- Ensuring that you obtain a fair valuation of your business and business assets.
- Create an agreement that separates your spouse from your business.
- Arrange the funds necessary to buy out your spouse at the divorce settlement.
What types of assets are distributed in divorce cases?
- Art, artworks, collectibles, and antiques
- Bank accounts, Cash, CDs, Money market accounts
- Family businesses.
- Increased earning potential from professional licenses.
- Increased earning potential from academic degrees.
- Intellectual property, such as copyrights, patents, and trademarks.
- IRAs, 401(k) accounts, retirement accounts, and pensions
- Jewelry, watches, necklaces, rings, precious stones, diamonds, scrap precious metals such as Gold, Silver, Etc.
- Licensing income, Royalties.
- Life insurance policies.
- Motor vehicles, cars, boats, jet skis, snowmobiles, motorcycles, RVs, and all other motor vehicles.
- Professional practices such as dental, legal, or medical.
- Stocks, Bonds, CDs, and more financial instruments.
- Real estate such as residences, residential investment properties, vacation homes, land, timber, mineral rights, commercial, and industrial buildings.
Should I Try to Hide My Assets?
Divorce is an emotionally charged situation, and divorces are generally about three things – the children, debts, and assets. Typically, divorces are highly contentious, and the feeling of protecting yourself is natural. However, if the Court discovers that you have willfully hidden assets, this discovery will weigh heavily against you through the divorce’s property division portion.
How Do I Prove to the Courts That an Asset is a Separate Property?
One of the most powerful tools to establish an asset as separate property is documentation. Documentation such as credit card statements, bank records, emails, titles, deeds, and other legal documents can help you prove that an asset belongs to you and should not be deemed a marital asset. Remember, without proof that an asset is your separate property, the Court presumes that all property or assets acquired during the marriage are marital property subject to division.
Contact Us For Your Free Consultation / Free Case Review
If you have questions concerning high-net-worth divorces, child visitation, asset division, child support, or spousal maintenance (alimony), call (303) 771-9465 to receive your free consultation.
We are a Veteran owned and operated family law firm with more than 25 years of experience.
LAW OFFICE OF MICHAEL A. HUG
7700 E Arapahoe Rd #140
Centennial, CO 80112