Cory, CO Divorce Law Firms & Lawyers

It depends on how long you are married. If you get divorced after 6 months, chances are it will be your home. If you live together for 10 years and have a couple of kids, it may be transmuted into community property. Also, if you are still paying on the mortgage, the funds you use to pay the mortgage are community funds and half of what you pay for principle may belong to your wife even if the house does not become community property. So, if you want it clear that it is your sole and separate property regardless of what happens in the future, you do nee a pre-nuptial agreement that specifies that. It is not cheap but it may be cheaper than what you will pay in a divorce.

There is no cooling off period, however, the court cannot grant a divorce until 91 days after the other party is served with the divorce papers. Hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.  

In NJ they are both subject to Equitable Distribution and must be considered as marital property for the period the parties were married. Protection only applies for any time the parties were not married.