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In Colorado, property in a divorce is divided according to “equitable distribution” principles. This means the court divides marital property fairly but not necessarily equally. Marital property includes assets acquired during marriage, regardless of whose name they’re in, while separate property (assets owned before marriage, gifts, and inheritances) generally remains with the original owner.

Courts consider factors like each spouse’s economic circumstances, contributions to acquiring assets, and the length of the marriage when determining a fair division.

In Colorado, child custody (legally termed “parental responsibilities”) is determined based on the best interests of the child. Here’s how it works:

Colorado divides parental responsibilities into two components:

• Decision-making responsibility (legal custody): Authority over major decisions about education, healthcare, religion, etc.
• Parenting time (physical custody): Where the child lives and each parent’s visitation schedule

When determining these arrangements, Colorado courts consider factors including:

• The child’s wishes (if they’re mature enough)
• Each parent’s wishes
• The child’s relationship with each parent, siblings, and extended family
• The child’s adjustment to home, school, and community
• The mental and physical health of all involved
• Each parent’s ability to encourage a relationship between the child and the other parent
• Geographic proximity of the parents
• History of involvement in the child’s life

Colorado generally favors arrangements that allow both parents to remain actively involved in their children’s lives, unless there are concerns about abuse, domestic violence, or substance abuse.

Parents are typically required to complete a parenting class and submit a parenting plan outlining their proposed arrangement. If parents can’t agree, the court will establish a plan based on the child’s best interests.

If you’re arrested in Colorado, immediately state “I am exercising my right to remain silent and I want an attorney,” then actually remain silent. Don’t resist arrest or consent to searches. Make your phone call to someone who can help with bail and finding an attorney. Don’t discuss your case with anyone except your lawyer, especially on recorded jail phones. Document everything about your arrest when possible. Attend all court appearances and follow all conditions of your release precisely.

Yes, criminal charges in Colorado can be dismissed or reduced through several paths:

1. Prosecutors may dismiss charges if there’s insufficient evidence, if evidence was obtained illegally, if witnesses become unavailable, or when they decide prosecution isn’t in the public interest.
2. Charges can be reduced through plea bargaining, where defendants plead guilty to a lesser charge in exchange for having more serious charges dropped or reduced.
3. Diversion programs offer alternatives to traditional prosecution for eligible defendants, especially first-time offenders. Successful completion of treatment, community service, or educational programs can lead to dismissal.
4. Procedural issues like speedy trial violations, improper filing, or other legal technicalities can result in dismissal.
5. Some jurisdictions have specialty courts (drug courts, mental health courts, veterans courts) that may offer reduced charges or dismissal upon program completion.
6. Defense attorneys can file motions to suppress evidence if it was illegally obtained, potentially weakening the prosecution’s case enough to warrant dismissal or reduction.

In a Colorado real estate contract dispute, you have the right to enforce written contract terms, seek damages or specific performance for breaches, use alternative dispute resolution methods, pursue claims for fraud or misrepresentation, access relevant documentation, and recover earnest money depending on contract contingencies. You generally have three years to file legal action. Consulting with a real estate attorney is advisable to protect your specific interests.

To handle a construction defect claim against a contractor in Colorado:

1. Document all defects with photos, videos, and detailed notes.
2. Review your contract for dispute resolution procedures and warranty terms.
3. Notify the contractor in writing about the defects and give them an opportunity to fix the issues.
4. If they don’t respond or refuse to fix the problems, consider hiring an independent inspector to document the defects.
5. For residential properties, follow Colorado’s Construction Defect Action Reform Act, which requires giving the contractor a “Notice of Claim” and opportunity to inspect/repair before filing a lawsuit.
6. If negotiations fail, pursue mediation or arbitration if required by your contract before litigation.
7. Be aware of time limits – Colorado generally has a 2-year statute of limitations for construction defects, starting from when you discovered or should have discovered the defect.
8. Consider consulting with a construction defect attorney, especially for major defects.

Whether you need a trust or if a will is enough depends on your specific situation and goals:

A will may be sufficient if:

• Your estate is relatively simple
• You don’t have minor children or dependents with special needs
• You’re comfortable with your estate going through probate
• You don’t have significant privacy concerns
• You don’t own property in multiple states

A trust might be beneficial if:

• You want to avoid probate (which can be time-consuming and public)
• You own property in multiple states
• You have minor children or dependents with special needs
• You want more control over how and when assets are distributed
• You value privacy in your estate matters
• You’re concerned about potential incapacity during your lifetime
• You have a high-value estate that might benefit from tax planning
• You want to protect assets from creditors or provide for blended family situations

In Colorado, probate is relatively straightforward compared to some states, but it still takes time and becomes public record. Many people use a combination of both—a revocable living trust for major assets and a simple will (often called a “pour-over will”) to handle any assets not transferred to the trust.

Consider consulting with an estate planning attorney to determine the best approach for your specific circumstances.

In Colorado, the probate process typically takes a few months for straightforward estates. However, estates with contested wills, numerous assets, creditor disputes, or tax issues can take up to a year or longer. Small estates with assets under $80,000 and no real property may qualify for simplified probate procedures. The timeline varies depending on court caseloads, the personal representative’s efficiency, and whether beneficiaries disagree about the distribution of assets.