Are you involved in a Colorado divorce? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.
Colorado law imposes automatic transfer restrictions on property when dissolution proceedings are initiated. The injunction takes effect on the filer upon filing, and upon the responding party upon service of process. C.R.S. 14-10-107. The injunction restrains both parties from transferring, encumbering, concealing, or in any way disposing of, any marital property without the consent of the other party or an order of the court except in the usual course of business or for the necessities of life. C.R.S. 14-10-107. In re Storey, 517 P.3d 1243 (Colo. 2022).
The automatic injunction requires each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect. C.R.S. 14-10-107. Though the injunction does not specifically mention this, for practical purposes, any unapproved expenditures may be allocated solely to the party as an asset or debt in property division and treated as separate property or debt. Violations of transfer restrictions may be enforced through contempt proceedings or motions to enforce the mandatory injunction. Additionally, a spouse's dissipation of marital assets in contemplation of divorce may be considered economic fault in dividing marital assets. Rios de Martinez v. Landaverde, 562 P.3d 908 (Colo. App. 2024).
Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody
A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.