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5 COMMON DIVORCE MYTHS

Considering divorce? Before you start the process, make sure you know all the facts. It’s easy to buy into the hype that divorce will be an extremely difficult, very long road ahead. But this isn’t always the case. In fact, the right divorce lawyer can help you make this time in your life as quick and painless as possible.

Fact v. Fiction: The Truth About Divorce

MYTH: Your divorce request can be denied.
FACT: Colorado is a no-fault divorce state. This means the court will not assign fault to either party in the divorce, making it virtually impossible to deny marriage dissolution. “Irretrievable breakdown” of the marriage is the only ground for divorce in the state. So long as the couple can prove that they no longer get along and stand no chance at reconciliation, the divorce will be granted.

MYTH: Mothers are almost always awarded custody.
FACT: Ideally, parents will mutually agree upon a custody arrangement that suits both them and their children. When this is not the case, the court will typically send the divorcing couple to mediation in the hopes that a parenting plan can be established outside the courtroom. If the case ultimately ends up in court, the judge will make a decision based on the child’s best interest.

MYTH: All of our marital property will be divided equally.
FACT: Colorado uses the principle of “equitable division” when dividing property in a divorce. Equitable, however, does not necessarily mean equal. It just means that property will be divided “fairly,” according to factors that include:

  • The financial circumstances of each spouse at the time the property is divided
  • The degree of contribution from each spouse when the marital property was acquired
  • The value of the property set aside for each spouse
  • The degree of value gained or lost for each spouse’s separate property during the marriage

MYTH: You have to get divorced in the state where you were married.
FACT: If you are a current resident of Colorado but you were not married in the state, you have nothing to worry about. So long as one party of the divorce is a current resident, it doesn’t matter where the original marriage took place. In fact, as long as one spouse has established “domicile” in Colorado for at least 90 days, the divorce can proceed with ease.

MYTH: You won’t get anything in a divorce if you signed a prenup agreement.
FACT: The state of Colorado follows the Uniform Prenuptial Agreement Act (UPAA), a set of rules used to govern the enforceability of prenuptial agreements. According to the UPAA, judges will not enforce a prenup if:

  • The spouse challenging the agreement did not have access to legal representation at the time the prenup was made
  • The spouse challenging the agreement never received financial disclosure from the other spouse prior to signing the prenup
  • The spouse challenging the agreement signed the prenup under duress, or involuntarily

It will be up to the court to determine if any of these conditions can be applied to your case.

Ready to Get Started? Contact a Denver Divorce Lawyer Today.

If you’re ready to start the divorce process, my firm can help. For more than 30 years, I’ve represented families in divorce and child custody matters, and I’m ready to do the same for you and your family.

As you enter this period of transition, I will be here to support and guide you through every step. Contact my office today at 720-386-5511 for a free, confidential consultation.

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    Denver, Colorado 80210
    Phone: 303-777-3899
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