Stay-at-Home Mom Divorce Rights in Colorado

Stay-at-Home Mom Divorce Rights in Colorado

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Divorce is always a distressing experience, with intense emotions coupled with the stress of enduring a complex legal process. But for stay-at-home moms who’ve been out of the workforce while raising their children, the process is especially intimidating.

As a full-time mom, you may have allowed career opportunities to pass you by as you focused on the tough job of raising your children and keeping a comfortable home. You may have forfeited time in the workforce in order to support your spouse’s career by maintaining the household while they advanced in their job. Now, you have valid concerns about what life will look like after the final divorce decree. Will you be able to support yourself and your children? Will your preschooler or infant have to attend daycare when they’re accustomed to being home with their mom?

It’s essential for a stay-at-home mother to have the best possible Denver divorce attorney arguing aggressively for her rights while prioritizing the best interests of the children. For many homemakers, the attorney’s fees can be included as part of the final divorce settlement.

Stay-at-Home Mom Divorce Rights in Colorado

You Have the Right to Seek Primary Custody of Young Children

Colorado family courts always prioritize the best interests of children. The court does not have a preference for one sex or the other when it comes to child custody. Stay-at-home mothers don’t automatically get primary custody of their children. The courts consider continued close contact with both parents as in the best interests of the children. However, if you’ve been the children’s primary caregiver since their births, a family court judge takes that fact into consideration when dividing parenting time.

The best-case scenario is one in which both parents negotiate child custody and a parenting-time schedule themselves rather than leaving the decision in the hands of an impartial judge. If the matter does go to court, it’s up to you and your attorney to show the court why awarding you primary custody of the children is in their best interests.

Stay-at-Home Moms and Child Support

Colorado uses a formula to calculate child support, but the judge also has the discretion to make adjustments to the amount with good cause. Typically, the parent with primary custody or the greatest amount of parenting time receives child support payments from a higher-earning spouse with less parenting time.

Is a Stay-At-Home Mom Entitled to Spousal Maintenance in Colorado?

Spousal support is never guaranteed, but if you’ve spent a significant period of time out of the workforce in order to raise your children and keep the home while your spouse was the main breadwinner, it’s likely that a judge will agree to an amount of spousal maintenance or alimony paid to you by your ex-spouse each month for a pre-determined amount of time. Spousal maintenance (alimony) serves to bridge a gap in income between two spouses as well as allow a lower-earning spouse or one who has been out of the workforce time to find employment and become self-sufficient.

In most cases, the longer the duration of the marriage, the longer the amount of time a judge will order your spouse to pay you support as long as you show the need for support and your spouse has adequate means to make the payments.

As a stay-at-home mom, you’ve sacrificed your own career goals for the best interests of your children. An experienced and compassionate Denver family law attorney can protect your rights and maximize your chances of achieving a favorable outcome.