Montrose, CO Divorce Law Firms & Lawyers

Adultery typicially prevents alimony, but you would still be entitled to your fair share of the assets acquired during the marriage, ie home, pension plans, savings account.

Regardless of the prenup, given the short marriage, you should be able to recoup at least the $50k (it would likely be considered separate property even if the prenup was invalid). Is the new house titled jointly - that could complicate things based on the language in the pre-nup, but the courts divide property equitably, not equally, so the court could still give you the first $50k even if the property is jointly titled. I'd want to see the pre-nup and discuss the facts to give you a more certain response. You might be a good candidate for our flat fee uncontested divorce services - for $795, we prepare all the documents and agreements for you and you get up to 60 minutes of additional consultation time with one of our attorneys to ensure that the documents and agreements are prepared correctly (this is especially important where real estate and mortgages are involved) and that you are getting a fair deal. We also can help expedite the process. We offer a free 20 minute initial consultation if you'd like to give us a call. I hope this helps. 

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.