Monte Vista, CO Divorce Law Firms & Lawyers

Missing spouse cases are complicated because you have to petition the court to allow you to serve him by publication. Part of the petition is proving to the court that you have tried to locate him, but could not (we usually have a private investigator do an electronic search for the missing spouse and submit the PI's report to the court with the motion as evidence of trying to locate him). You then have to publish notice of the divorce in your local newspaper for 5 weeks. Once that is done, you follow all the other procedures and file all the required "normal" divorce paperwork. None of this is cheap or fast (I'd expect it to take 5-6 months). We do these cases regularly on a flat fee basis if you would like assistance. For $795, we do all the paperwork and assist/coach you through the whole process, including all of the missing spouse procedures (you are responsible for filing the documents, and court costs and fees). Our goal is to help you get though the process faster than you could on your own, make sure all the procedures and documents are done correctly. Please feel free to call me if you would like to discuss your case further. I hope this helps.

Under Washington community property law, the contribution of separate property (i.e., pre-martial assets) or community monies or labor after marriage to the separate property residence of a spouse can create a "lien" on the separate property residence and a claim to reimbursement. It depends on the specific facts and circumstances of your case. I recommend that you consult with a specialist who practices in the county in which you reside.

The best way to protect your 401k would be to have a pre-nuptual agreement that specifies that your 401k is separate property in the event of a divorce. If you don't have a prenup, there are a few things you can do to protect your 401(k) from being awarded to your soon-to-be former spouse. First, stop making voluntary contributions to your 401(k) as soon as you are legally permitted to do so. Consult with a family law attorney in your jurisdiction before taking any action, but stop contributing as soon as you are legally permitted under the divorce laws in your state. Divorce cases can drag on for years, and I many people become unhappy that contributions made long after their separation are still considered marital property. Another way to preserve at least some of your 401(k) is to push to exclude the funds that were in the account before you were married. This depends a lot on circumstances and state law, but many people don't realize that it is possible to divide only the funds that were contributed during the marriage and leave the pre-marital portion to the spouse who earned it before the marriage. Maintain your 401(k) account records carefully so you can easily prove how much it was worth before you walked down the aisle. As with so many things in life, thinking ahead and being thorough can make all the difference in determining whether you keep your 401(k) after the divorce. The process for protecting an IRA would be the same.