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Colorado. Where do I find the section of the law that makes exception for serious financial exploitation during the marriage?

Denver, CO |

Spouse kept all money to himself. No contribution to any joint iving expenses and took money for his separate use.

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Attorney answers 4

Posted

I don't think there is a statute. I think what you are referring to is the principle that a spouse can be held accountable in a dissolution of marriage proceeding for marital waste. That is driven by case law in Colorado.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Asker

Posted

So I should research the case law to see if it applies?

Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

No -- every judge in Colorado understands the concept dealing with family law cases. marital waste is a common concern and it is one of the reasons folks retain counsel to help.

Asker

Posted

That would be ideal however sometimes the marital waste puts one side in a position where funds are not available for full representation.

Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

Got it -- have you made sure to protect yourself by asking for attorney fees through the process?

Posted

I am not sure what you are referencing to as far as a statute that says that the parties are obligated to contribute jointly towards the relationship. There is no such law. Is such fair and equitable, as well as expected? Yes. But, there is no specific duty to do so. If he did not contribute financially to the marriage and used it for his separate use, that will be taken into consideration by the judge in the division of assets and debts in the divorce proceedings.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

Asker

Posted

I thought I remembered seeing it as an exception or something to the normal distribution of assets ans liabilities in the Uniform Code book.

Posted

There is no such statute. You can argue contribution/waste in certain circumstances but, as the previous answer indicated, this is case law driven. These are very complex concepts in the context of Colorado domestic relations law; as the general law is no fault with equitable property/debt disbursement.

Posted

If the marriage has been this unbalanced, you really need to retain counsel to represent you.

Good luck.

Asker

Posted

Yes counsel would be best but lack of money (see origianl question) makes that impossible.

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