Boulder is a close-knit and vibrant Colorado city in the foothills of the Rocky Mountains, about 25 miles northwest of Denver. Families in Boulder often face important decisions about their homes, finances, and children when a marriage ends. For spouses going through a divorce, litigation may be necessary when they cannot reach an agreement on issues such as property division, child custody, child support, or spousal maintenance.
Choosing how to resolve a divorce dispute starts with understanding the available options. If negotiation or mediation does not lead to an agreement, a divorce lawyer in Boulder, Colorado, can determine whether going to court is appropriate based on the circumstances of the case.
What Situations May Require Divorce Litigation?
Several situations may require a divorce case to go to litigation, including:
Negotiations and Mediation Have Failed
Divorce litigation may become necessary when spouses cannot resolve their differences through negotiation or mediation. Instead of reaching a settlement, the parties may need a judge to decide the unresolved issues. This can be relevant when repeated attempts to reach an agreement have reached a dead end.
There Is a Significant Dispute Over Property
Dividing marital property can become difficult when spouses disagree about who owns certain assets or how those assets should be divided.
Disputes may involve:
- Homes
- Retirement accounts
- Investments
- Vehicles
- Other marital property
Under C.R.S. § 14-10-113, a Colorado court must divide marital property in proportions it considers just after considering relevant factors, which can make court proceedings necessary when spouses cannot agree on the division of disputed assets.
Child Custody or Parenting Issues Cannot Be Resolved
Parents may need court intervention when they cannot agree on parenting time or major decisions affecting their children.
These disagreements may involve:
- Where a child will live
- How much time each parent will have
- Decisions about education and other important matters
Under C.R.S. § 14-10-124, a Colorado court may determine parenting time based on the best interests of the child when parents cannot reach an agreement.
One Spouse Is Hiding Assets or Financial Information
Litigation may be appropriate when one spouse refuses to provide required financial information or there are concerns that assets or income are being concealed.
The legal process can provide ways to obtain financial records and investigate the couple’s finances. This may be important when incomplete financial information makes it difficult to determine the true value of the marital estate.
There Are Serious Safety or Abuse Concerns
Court involvement may be necessary when domestic violence, threats, abuse, or other serious safety concerns affect a spouse or child.
These circumstances may influence parenting arrangements and other decisions during the divorce. A court can also consider immediate safety concerns when determining what protections or temporary arrangements are needed.
A Spouse Refuses to Follow Court Orders
Litigation may become necessary when a spouse repeatedly fails to comply with an existing court order.
For example, a spouse may fail to make required support payments, follow parenting-time arrangements, or complete an obligation involving marital property. The other spouse can ask the court to enforce the order and take appropriate action to address the violation.
The Divorce Involves Complex Financial or Business Interests
Some divorces involve assets that require specialized valuation or financial analysis before they can be divided.
These may include:
- Business ownership interests
- Professional practices
- Stock options
- Trusts
- Other complicated investments
Financial experts may sometimes be needed to determine the value of these interests and help the court evaluate how they should be handled.
The Spouses Disagree About Spousal Support
A spouse may need court intervention when the parties cannot agree on whether spousal support should be paid or how much support is appropriate.
The court may consider factors such as each spouse’s income, financial needs, earning capacity, and the length of the marriage. A court decision can establish the amount and terms of support when the spouses cannot reach their own agreement.
Final Takeaways
- Litigation may be necessary when spouses cannot resolve major divorce disputes.
- Serious disagreements over property, finances, custody, or support may require court intervention.
- Hidden assets or a refusal to provide financial information can make litigation necessary.
- Safety concerns, including abuse or threats, may require immediate court involvement.
- A spouse who violates existing court orders may face enforcement proceedings.