Starting the divorce process can be confusing, especially in Colorado. There are several aspects of the divorce process, each with its own unique laws. The Colorado Springs divorce lawyers at Drexler Law are here to answer the most common questions people have about getting divorced.
Is Colorado a No-Fault State When it Comes to Divorce?
Yes. Colorado courts do not determine fault with either spouse. In other words, the break down of the marriage is no one’s fault. What the court considers is whether the marriage is "irretrievably broken,” meaning a couple can no longer get along, and the marriage is permanently broken.
Does the Court Consider a Spouse’s Behavior During the Marriage?
Generally, the court does not take into account a spouse’s behavior. For instance, if one spouse accused the other of adultery, the accused spouse will not be required to challenge the allegation before the court. However, if there is proof of certain conduct, such as child abuse, a judge could take the behavior into consideration.
Can a Couple Get a Legal Separation Instead of a Divorce?
Yes. Colorado allows couples to live separately without legally ending their marriage. Spouses, however, must make the same decisions as divorcing couples, such as how to split marital property. In contrast, a divorce, or “dissolution of marriage,” legally end a marriage, and the former spouses are free to remarry.
Is Dividing Marital Property Difficult?
Along with making decisions about children, splitting marital property is one of the toughest parts of a divorce. Why is this so? Because of the type of property that has to be divided, such as homes, bank accounts, and businesses. Besides assets, couples may also have debt. And, it does not matter which spouse accumulated the debt; both spouses must decide how to pay what is still owed.
How is Child Custody Determined?
Colorado courts are guided by state laws regarding minor children of divorcing couples. What’s more, Colorado has replaced the term “custody” with “parental responsibility,” which means both parents share responsibility in making major decisions about their children. Prior to the divorce, the court requires parents to make a parenting plan.
What Is a Parenting Plan?
A parenting plan is a written agreement negotiated by the divorcing parents to settle a variety of issues ranging from who will the children live with the majority of the time, to which parent will have the children on holidays and birthdays.
Creating a parenting plan is not easy for some parents, particularly those who remain hostile toward each other. Regardless of the parents' feelings, a judge will consider what is in the best interest of the children prior to approving the plan and granting the divorce.
Can I File For Divorce on My Own?
It’s possible for couples to handle their own divorce if they can resolve all of their issues prior to going to court. However, this is not a common occurrence. So, it is highly recommended that couples retain divorce attorneys.
Why is a Divorce Attorney Important?
Divorce attorneys help their clients navigate through the complex and challenging issues of a divorce proceeding. For one, lawyers can assist in resolving tough issues such as child support payments and whether a bequest or gift to one spouse acquired during the marriage is separate property or marital property.
Speak to a Divorce Lawyer Today
In order to make sure you get the best possible outcome in your divorce case, it’s in your best interest to contact a Colorado Springs divorce lawyer as soon as possible. At Drexler Law, we will guide you through the complex process of divorcing in Colorado while protecting your rights every step of the way.
Call Drexler Law today at (719) 259-0050 to speak with a lawyer about your divorce.
