Divorces are not an easy thing to go through, and at times they can get very complicated and very messy. To further add to the fire, it is important to remember that family law and divorce law, in particular, can change depending on what state you are in. To help us break down the differences today, we are going to take a look at what the law says with regards to divorce here in Colorado Springs, and helping us with that, we chatted to the guys at Marrison Family Law, who specialize in these here in the state of Colorado.
What Are The Grounds For Divorce?
There are some states which place real importance on the reason for the divorce. They look into who is at fault and why the spouse wishes to terminate the marriage. However, Colorado is what is known as a “no-fault” state. This basically means that it is completely irrelevant who is at fault for the divorce, which will not play a part in the overall proceedings.
The law around how long you must have lived in Colorado before filing for a divorce is 90 days. This is naturally attractive to many couples who wish to get divorced without getting into the whys of the marriage’s breakdown. This residency law seeks to prevent people from crossing state lines just to get divorced.
How Property Is Divided
In an ideal world, the two spouses who are about to divorce will agree between themselves regarding what will happen to the assets such as property. If this doesn’t happen, the judge will step in and decide if the pair cannot. Often if it goes to a judge, they will give the property back to who owned it before the marriage. They may also recommend that any other property is sold and the proceeds split down the middle
Much like with property, the alimony decision will first be left up to the couple. If they cannot make a decision, the judge will take it out of their hands. There will be a means-tested approach when it comes to working out how much alimony must be paid. This is to see how much can be afforded. Then make a sensible decision based on those factors.
When Kids Are Involved
If there are children involved, the court will decide as to who gets custody. They will make this decision based on where the kids will be best suited, and involves the least upheaval for the kids. The mother is generally the preferred option here, but no law suggests that.