Ordway, CO Divorce Law Firms & Lawyers

Any part of the 401k that accrued during the marriage is community property. Protecting it is more about the length of the marriage and if the other side is claiming a community portion, you may be able to offset the amount with some other asset or a cash buyout. You should consult with an attorney.

While infidelity is grounds for divorce, it does not generally affect property distribution, and you would not be barred from obtaining a portion of assets that were accumulated during the marriage. If your husband alleges infidelity as a ground for divorce, it simply gives him a means of divorcing you if you decide to fight getting a divorce; otherwise it is possible for you to reach an agreement to state that the reason for the divorce was "irreconcilable differences," also known as consent divorce. You should be aware that your spouse may try to allege something called "dissipation," however. If you were having an affair and spent money on the affair - for hotel rooms, or gifts for a boyfriend, or other expenses related to conducting an affair - then your husband can ask that those amounts be taken out of your share of the settlement/property distribution and given back to him.

Fire your current attorney and hire a better one. Discuss you previous representation with your new counsel, the new attorney might ask to have your fees returned, or that you file a grievance with the Bar Association. As for the case itself, the file with the court should be reviewed to determine what the hang up is.