Ending a marriage can be a difficult decision to make. However, when people have come to terms with this choice and have decided that divorce is necessary, understanding the facts about divorce will be essential to:
Knowing what to expect from the process
Unfortunately, however, there are a lot of misconceptions out there about divorce, and buying into these divorce myths could end up costing you a lot more money, time and stress in the long run. To shed some light on this topic, this blog series will focus on dispelling some of the most common and costly divorce myths.
While this discussion regarding divorce myths and facts points out some insightful info, contact a trusted Littleton divorce lawyer at Bahr & Kreidle when you need the best representation in a Colorado divorce.
Fact – This is just plain wrong! While prenups can prevent divorcing parties from having claim to certain assets – such as business assets, family heirlooms and/or real property, it’s crucial for those who have signed prenups and are headed for divorce to understand that:
Fact – This is, again, plain wrong. Spousal support (or alimony) is not a given in divorce cases, and simply requesting it doesn’t mean you’ll get it. In fact, when disputes arise over spousal support awards and the courts are called in to resolve the matter, they will typically use a specific formula to determine:
So, if a lower earning spouse has income from other sources (such as from a new partner, benefits, etc.), this could impact his or her eligibility for spousal maintenance.
Fact – Wrong! This is the kind of thinking that can get people into real trouble because it may lead them to try to move forward with divorce without the help of an experienced lawyer. The fact is that Colorado is a no-fault divorce state. This means that infidelity and/or other misconduct during a marriage will not be a factor used by the courts when resolving divorce cases.
Instead, when the courts are needed to resolve property division disputes in divorce cases, they will focus on the following factors (rather than infidelity in the marriage):
Fact – Wrong again! When divorcing parents are able to agree on a custody division, the court will typically uphold these agreements. However, when custody is in dispute, the involved children’s wishes will be only one factor that the courts may consider – as long as, of course, the children are mature enough to express their wishes to the court.
Other factors the court typically considers when making custody rulings include (but are not limited to):
Fact – False! The courts generally see both parents as having a responsibility to financially support their children, and a 50-50 split of custody does not necessarily mean that either party is off of the hook for paying child support.
So, if you think you’ll be minimizing your support payment obligations by agreeing to joint custody, think again – you may still be ordered to pay child support to your ex.
Fact – This, again, is false. Of course, compromising with an ex is not always a good idea, particularly when it comes to cases that involve domestic violence or exes who want to use the divorce courts to exact revenge.
However, when it’s possible to find some common ground and communicate civilly with an ex, being open to compromise can:
Fact – Of all of the divorce myths we’ve debunked so far in this blog series, this is the single most costly and potentially ruinous one people can believe. The bottom line is that, regardless of how amiable a split with an ex may be:
Are you ready to move forward with a divorce? If so, it’s time to contact an experienced Littleton divorce lawyer at Bahr & Kreidle.
To find out more about how we can help you, let’s meet for a free, no obligations initial consultation. You can set up this meeting by calling us at (303) 794-7422 or emailing us using the form on this page.
