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The Colorado State Legislature recently made a very important change to the area of divorce law when it enacted Rule 16.2(e)(10) of the Colorado Rules of Civil Procedure. This rule allows for the trial court to retain jurisdiction over the division of marital property and, if a party to a divorce is found to have failed to disclose a material asset, the court may re-open the divorce in order to redistribute property and debts.
The Colorado Rules of Civil Procedure require both parties to a divorce to fully and honestly disclose all facts that materially affect their rights and interests as well as those of the children involved in the case. The Colorado Supreme Court has interpreted the duty among spouses going through a divorce to be akin to a fiduciary relationship, meaning that, in disclosing information, a spouse must put the interests of their spouse ahead of their own interests. When a party fails to carry out their fiduciary duty to their spouse, the court has the opportunity to right any wrongs caused by a spouse’s failure to make proper disclosures.
The attorneys of Stoorman, Hanson & van der Valk, P.C. have successfully litigated several re-opening cases, some involving extremely complex and carefully hidden assets. Our attorneys are highly experienced in this area of law and have developed techniques to successfully flush out hidden and dissipated assets in order to appropriately compensate the uninformed or misinformed spouse. If you believe your former spouse failed to disclose or hid marital assets during your divorce, it is important that you take action immediately to protect your rights. We have helped numerous clients successfully resolve these types of cases.
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