Divorce

The grounds for divorce in Colorado fall into 2 categories: fault and no-fault. To obtain a fault-based divorce, you must prove that your spouse committed adultery, subjected you to extreme mental or physical cruelty, or has deserted you. If you can prove that any of these things took place, they can be used as a factor in determining alimony or property division in the final settlement. A no-fault divorce is based on irreconcilable differences or the irretrievable breakdown of the marriage. It is the avenue of choice for most couples who want to dissolve their marriage. It tends to decrease the acrimony and tension of the process. Because you don’t have to prove that your spouse did something wrong, you can get on with the practical matters of the settlement.

If you have children with your spouse, custody and child support are likely to be the most important and contested issues. Joint custody is often the ideal arrangement. If you can both agree that you are good parents but just cannot be married to one another, it will be easier to work out an agreement that suits you both. If you are designated as the custodial parent, then you will be the primary caregiver of the child. Your child will visit your spouse regularly according to a visitation schedule. As the non-custodial parent, your spouse will also need to pay child support—to be determined by the courts—and they will have to sign off on all major decisions regarding the child’s education, medical treatment, and other life-altering choices.

This can be another contentious issue. You should only expect to receive alimony for a limited period of time. If you have been a stay-at-home parent for some years, it may take you some time to get back into the workforce. Judges will consider this before making a ruling. Other factors they will consider when awarding alimony are:

Colorado is an equitable distribution state. The court will divide the assets and property of the marital estate based on the specifics of the case. You will get to keep any property that you owned before you were married. All property acquired after the marriage is subject to division. This includes property purchased before the marriage but renovated and made more valuable after the marriage, as well as investments made before the marriage that increased in value after the marriage. If you are going through a high net worth divorce, it is especially important to track down and assess all assets acquired since your marriage.

Divorce lawyers specialize in helping their clients protect their interests during the dissolution of a marriage. Trace Tyler is a Grand Junction, CO divorce attorney who represents clients going through separation. He will help you resolve issues involving child custody, child support, visitation, alimony, and property division, and he has the expertise to get you a just divorce settlement. Contact Trace Tyler via contact form.