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I'm dealing with financial abuse and domestic violence in my 32 year marriage. My partner pays no taxes, is self employed, only uses banks to cash checks, keeps cash on hand only, and keeps cash unaccessible to me. He's recently threatened to stop paying rent because he knows I want to file for divorce. (He's violent but I have no proof) What do I do? How do I pay for a lawyer, and how will I prove his income to courts to ensure alimony and child support?
Oct 26, 2023
Family Law
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

That sounds like a very difficult situation. In Colorado, if you're facing financial constraints, you can file a 'Rose Motion' to request the court to order your higher-earning spouse to cover your attorney fees and expert costs associated with the divorce process. This legal provision aims to level the financial playing field between spouses during a divorce, ensuring you can adequately protect your interests. You can learn more about Rose motions in our article "Can Your Spouse Foot the Bill for Your Divorce Attorney?"

Furthermore, it's vital to be vigilant about the disclosure of all marital assets, especially given the financial behavior of your spouse. According to Colorado law, hiding assets during a divorce is illegal, and the courts can punish such behavior by reallocating the concealed assets or even holding the deceitful spouse in contempt of court. If discovered, the court might award you a greater portion of the marital assets. Additionally, there's a provision for revisiting asset division up to five years post-divorce if hidden assets are uncovered later on. This extends a window of opportunity to secure a fair share of all marital assets, promoting long-term financial stability for you and your children.

Because proving your spouse's income for determining alimony and child support might pose a challenge given their cash-based financial practices, I would recommend engaging a forensic accountant. They can delve into financial records, bank statements, and other relevant documents to establish an accurate picture of your spouse's financial standing.

To learn more about hidden assets, check out our article "10 Signs Your Spouse is Hiding Assets."

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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