At Peek Vasquez, LLC (former Peek Family Law, LLC), we regularly meet clients who have some misconceptions about filing for divorce in Colorado and the entire divorce process.
Some misconceptions about filing for divorce are based on old legal principles while many others are just patently untrue. By not understanding how a divorce proceeding actually works, you may be in for some unexpected surprises along the way. Additionally, you may not know what realistic goals you can set for your divorce. In this blog, our Denver divorce attorneys are here to set the record straight on 5 common divorce myths.
Peek Vazquez Family Law is your leading Colorado family law firm serving those in Denver, Colorado, and surrounding areas. As experienced and compassionate Denver divorce attorneys, we know what it takes to ensure that our clients have their rights and interests protected. If you’re in need of a family law firm you can trust, Peek Vasquez Family Law is here to help.
Notice that we added the qualifying term, “legally.” After all, any infidelity by your spouse undoubtedly matters to you, and for many individuals, is often a main factor in the decision to get a divorce lawyer. As far as the Colorado courts are concerned, though, it doesn’t matter whether or not your spouse cheated or if your marriage is irretrievably broken through a similar act. Colorado is a no fault divorce state, which means you do not need to prove that one spouse is responsible for the divorce.
Many people believe that all property is split equally between the two spouses. In reality, marital property is split equitably, meaning that it has to be fair, but does not need to be equal. Generally speaking, the court will look at each spouse’s economic circumstances, as well as any factors which impact children, when determining the division of property. Additionally, property which is deemed “separate”, such as a car owned before the marriage, will not be subject to division.
This is a myth which is rooted in fact. Many years ago, it was highly uncommon for a father to be granted custody over children in a divorce, even if their mother was unable to care for them. These days, however, the court will grant custody in “the best interests” of the children. This means that, in many cases, fathers routinely receive primary custody. At the end of the day, it comes down to what is best for the child.
This myth could not be further from the truth. The court will almost undoubtedly find out about your hidden assets, and in some instances, may even punish you for trying to hide them. The best thing to do is to be as up-front and honest as possible about all your assets. There’s truly no benefit in hiding any information from the courts or your own divorce attorney. Your legal counsel will be better prepared to represent you and your interests if they have all the pertinent information.
This is another myth that was once true, but no longer carries any weight. These days, it is possible for both the mother and father to be ordered to pay child support payments. Likewise, alimony can be ordered for both men and women. These payments are now based on current earnings and earning potential, rather than gender.
In addition to these 5 common myths, there are many other misunderstandings surrounding the divorce process that can prove problematic. One common myth concerns the ability to pay for a divorce. Some spouses may feel like a divorce is forever out of reach simply because they don’t think they can afford to pay for divorce attorney fees or filing fees. But Colorado has laws in place to address this issue. If one spouse is primarily in control of the finances, such as when one works and the other raises the children, the dependent spouse may file a Rose motion.
When this is filed, a court hearing will take place and the courts may award prospective attorney fees. This means that the court can essentially order the spouse with more financial means to pay for some (or all) of the divorce costs for the other spouse. This may include attorney fees, court fees, filing fees, and more. Thus, you should never hesitate from making the right choice for your family just because you don’t think you have the financial means to do so.
This is another major myth about divorce. Some individuals may wonder whether or not they even need to hire a divorce attorney in the first place. After all, since a divorce can be a costly affair, do you really need another expense? While it is true that you can pursue a divorce without the assistance of a divorce attorney, most legal experts would not recommend this path. Hiring a divorce attorney will ensure your rights are protected and dramatically improve your chances of receiving a fair and favorable outcome.
By hiring a Colorado divorce attorney, you’ll have a professional in your corner who can help you navigate the complexities of a divorce. Denver divorce law can be complicated, but an attorney can help make it understandable. They’ll be able to identify the unique specifics of your case, since no two divorces are the exact same, and develop a course of action that works for you. For example, a divorce involving child support will be inherently different from a divorce without any children.
A divorce attorney will also help you file all the documents and paperwork and ensure that you don’t miss any key deadlines. Since most divorce cases never reach trial, this means that the majority are settled during the negotiation phase. Negotiation is truly an art, and without proper experience or legal knowledge, you’ll be severely ill-equipped for such a process.
A divorce attorney will be able to negotiate on your behalf and represent your interests. This is important as roughly 90 percent of divorces are settled during the negotiations phase. However, if your divorce does end up going to court, they’ll be with you every step of the way handling pre-trial preparation and presenting your case to the judge.
Additionally, as this blog has hopefully made evident, an experienced divorce lawyer can help dispel common myths surrounding divorces so that you can better know what to expect and prepare yourself for what lies ahead.
Like any other complex process, there are many myths surrounding divorce. But when you hire an experienced family law attorney, they will be able to dispel these myths and present you with accurate and current information. They can guide you through your divorce, develop a clear plan of action, and support you each step of the way.
If you’re preparing to file for a divorce, remember that you are not alone. When you hire an experienced and compassionate team of Denver divorce attorneys, you’ll have professionals on your side who will ensure your rights are protected. With open communication and proven results, Peek Vasquez Family Law is the firm you can trust. We’ll do everything in our power to give you the best chance to achieve your legal and family goals.
Contact us today at Peek Vasquez Family Law to learn more about how we can help you with your Denver divorce. With our quick and simple consultation process, years of unmatched experience, and a team of dedicated family law experts, we can set you on the right path toward achieving your goals.
Getting divorced? Visit our website online or call our firm today at (303) 495-5757 for your free case evaluation.