4 common misconceptions about divorce

On Behalf of | Mar 23, 2022 | Divorce |

Sometimes divorce is necessary, yet some people are afraid to go through with it because they have misconceptions that they could suffer more than profit from divorce. But this is not always true. The laws of divorce in Colorado protect the interests of both parties. If you have been thinking about divorce, you must know about the most common misconceptions to make the best decision regarding your split.

Myths about divorce in Colorado

The Colorado Revised Statutes outline the laws of divorce. These laws promote fair divorces and prevent one spouse from taking advantage of the other in the proceedings. Also, they debunk the most common myths about the process:

  • Everything is split 50/50 in divorce – No 

Not everything you own would be split in half. The court only divides the marital property, property acquired during the marriage. Things you acquired before your marriage won’t be handed over to your ex. Also, when the courts divide the property, they do so in a manner they consider fair and equitable, not necessarily equal. This means that you could get more than your ex, depending on how much each of you contributed to the household, your economic circumstances, family need, etc.

  • The courts favor mothers over fathers in custody proceedings – No

This may have been true at one time, but not anymore. Now, the courts don’t favor one parent over the other when determining custody. The courts make the decision thinking about the child’s best interests, which they determine based on many different factors, such as the parents’ ability to co-parent, parents’ and child’s mental and physical health and the child’s specific needs.

  • Only women get spousal maintenance in divorce – No

Alimony is not only for women. Men can also receive maintenance as it has nothing to do with gender but economic circumstances. Not every divorce requires one spouse to pay the other maintenance. The courts award it only when Colorado’s presumptive calculation reflects support is owed as one spouse cannot have the same quality of life without the other spouse’s support.  This could be due to disparity in incomes, like when one spouse stays at home and the other goes to work.

  • A parent cannot visit their child if they don’t pay child support – No

Visitation rights and child support are two different things. The courts cannot keep a child away from a parent if the parent doesn’t pay child support. However, the parent can face other court and administrative sanctions for failing to pay.

Both sides have the same rights in a divorce proceeding. The end result of a divorce is set either by agreement or by what the court thinks is best considering the specific circumstances.

A fair divorce

You must not hold back due to unsupported myths if you believe your marriage is no longer working for you. Staying with a person who makes you unhappy is not always the best option, and you must know that you can mitigate the effects of your divorce with a good legal representation. You have the same rights as your soon-to-be-ex, and you mustn’t be afraid to start anew.