An attorney that specializes in family law could help you through the process, but since it appears you are going it alone, I can give you some thoughts.
In Colorado, the marital estate is divided equitable -- that means fairly and not necessarily 50/50. Non-marital debts of the affiant are those debts that you are claiming were not created during the course of the marriage or assumed during the course of the marriage by you and your spouse. The most common example is student loans that pre-date the marriage or other credit card debt. If you brought such things to the marriage, you are walking away with the same stuff!!
You are the affianr (the person swearing to the contents of the sworn financial statement).
Good luck to you.
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.
Excellent statements by Mr. Deady. These are student loans, credit card debts, and other liquid debts that you incurred before the marriage.
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.
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