At Peek Vasquez, LLC (former Peek Family Law, LLC), we regularly meet clients who have some misconceptions about the divorce process. Although some of these misconceptions are based on old legal principles, many others are patently untrue. In this blog, our Denver divorce attorney discusses 5 common divorce myths.
Myth #1: It Matters (Legally) That Your Spouse Cheated
Notice that we added the qualifying term, “legally.” After all, any infidelity by your spouse undoubtedly matters to you, and is often a main factor in the decision to get a divorce. As far as the Colorado courts are concerned, though, it doesn’t matter whether or not your spouse cheated. Colorado is a no fault divorce state, which means you do not need to prove that one spouse is responsible for the divorce.
Myth #2: Property Is Always Split 50/50
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.
Myth #3: Mothers Will Always Get Primary Custody
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 is unable to care for them. These days, the court will grant custody in “the best interests” of the children, and fathers routinely receive primary custody.
Myth #4: It’s Best to Hide Your Assets
This myth could not be further from the truth. The court will almost undoubtedly find out about your hidden assets, and 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.
Myth #5: Men Will Always Have to Pay Child or Spousal Support
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, and is now based on current earnings and earning potential, rather than gender.