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Divorce

Common Tax Issues in Divorce

Common Tax Issues in Divorce The below discussion highlights some of the most common tax issues in divorce. CAVEAT: Philip Goldberg PC does not provide tax or accounting advice. This material has been prepared for informational purposes only and may not be updated to reflect current tax law, rules, or regulations. This material is not [...]

What Happens to the House in a Divorce?

What Happens to the House in a Divorce? Dealing with issues related to the family home is often a major consideration in a divorce. Below is a discussion of some of the issues divorcing spouses may have to deal with when faced with the question “What happens to the house?”. Allocating the equity in the [...]

Planning for Your Divorce: Pre-filing Do’s and Dont’s

Planning for Your Divorce: Pre-filing Do’s and Don’ts If you intend to file for divorce or you suspect your spouse will file for divorce, you should take steps now to protect your relationship with your kids, protect your financial security, prevent your spouse from engaging in improper conduct, and position yourself favorably for the divorce. [...]

Allocation of Personal Injury and Worker’s Compensation Proceeds in a Divorce: Colorado’s Unusual Approach

Allocation of Personal Injury and Worker's Compensation Proceeds in a Divorce: Colorado's Unusual Approach The following article by Philip Goldberg appeared in TrialTalk Magazine (Sept.-Oct. 2013): To fully understand Colorado’s approach to allocating personal injury and workers’ compensation proceeds in a divorce, it is important to have a basic understanding of how property is generally [...]

The Divorce Process an Overview

The Divorce Process an Overview Initiating the Divorce If you are the spouse initiating the divorce, you are the “Petitioner” and your spouse is the “Respondent.” If you are the Petitioner, we will prepare a “Summons” and “Petition for Dissolution of Marriage” and hand-deliver (serve) it to your spouse. We will also file these papers [...]

Maintenance (Alimony)

Maintenance (Alimony) In certain circumstances, a spouse may obtain an award of temporary or permanent maintenance (alimony) from the other spouse. Maintenance may or may not be available depending on the particular facts of the case.  Maintenance is designed to provide for the reasonable needs of the eligible spouse or civil union partner. (In this [...]

Divorce Court Jurisdiction

Divorce Court Jurisdiction To obtain a divorce in Colorado, the court must have “jurisdiction” over the case and parties. “Jurisdiction” simply means the court’s authority to grant the divorce. There are two types of jurisdiction: “subject matter jurisdiction” and “personal jurisdiction.” The court must have both subject matter jurisdiction and personal jurisdiction over the parties [...]

Property & Debt Division in a Divorce

Property & Debt Division in a Divorce Colorado is a “dual property” equitable distribution state. This means that, in a divorce, the court may only divide and allocate the parties’ marital property and debt. The court may not divide or allocate a spouse’s separate property or debt. What is Marital Property? Marital property consists of [...]

Bankruptcy & Divorce

Bankruptcy & Divorce Under federal law, a bankruptcy filing by a debtor will “stay” (halt) legal proceedings against the debtor for the collection of certain debts. This is called the Automatic Stay. The Automatic Stay applies to the division of property in a divorce case. The non-debtor spouse may not attempt to obtain possession of [...]

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