Divorce in Colorado has several myths that need addressing. Some of the hearsay you may see online or hear from your peers are not true under state law. Clearing up these misconceptions is key in approaching your transition with confidence and peace of mind.
You need a reason to start the divorce process
Colorado is a no-fault state, which means that you do not need to show cruelty or adultery as a reason why you are ending the marriage. The courts allow one spouse to file for divorce without the other’s consent, provided that the marriage is irreparable.
Mothers automatically get custody
Mothers do not get automatic custody. The courts start with the premise that frequent and continuing contact with both parents is ideal. A judge believes that this meets the best interests of a child.
A 12-year-old child can choose where they live
A child cannot decide on their own parenting time. In Colorado, the courts may consider a child’s wishes, provided they are sufficiently mature to express a reasoned opinion. But at the end of the day, the judge will have to consider multiple factors before the parenting schedule.
All assets and liabilities are split 50/50
You might assume everything you own will be divided in half. However, Colorado follows the rule of equitable distribution. This does not always mean a 50/50 split, but rather a fair split based on the financial circumstances, the contribution of each spouse and the value of the marital property.
A court battle is inevitable
High-conflict TV dramas make it seem like every divorce ends in a courtroom shouting match. Thankfully, this is not your only path. Many couples successfully use mediation or uncontested filings to reach an amicable agreement without ever setting foot in front of a judge.
Moving forward towards a better future
Understanding the legal standards of divorce and family law in Colorado is the first step toward your next chapter. If you decide to file for a divorce now, it would be advisable to seek legal guidance from an experienced attorney. Their experience can help you navigate the nuances of state law, which can help protect your family from potential issues in the future.