In some states, there are several specific reasons that two people can cite as reasons for getting a divorce. This can include things such as adultery, abandonment, addiction, or extreme cruelty, among others.
However, in Colorado, none of those reasons apply, because the state is a “no fault” divorce state, meaning that you are not able to cite those reasons as the cause for your divorce. Instead, most divorces in Colorado only cite irreconcilable differences as the reason for a couple’s split. In some instances, this makes a divorce clean and simple. In those cases, some couples attempt to complete the divorce on their own. But most of the time, it still makes sense to retain a divorce attorney to protect your interests.
The only time fault comes into play and may be considered by courts adjudicating divorce proceedings is when a division of property or alimony is being discussed. However, in most instances, Colorado is considered an equitable division state. This means that each spouse owns the income they earn during a marriage. Overall though, a judge will divide marital property based on what they think is a fair distribution, which may or may not be exactly equal.
In most divorce cases, while property division is important, it pales in comparison to child custody issues. Determining who is the custodial parent can be a battle. But despite which parent that children end up with, Colorado courts make the presumption that all children benefit the most from having frequent and continuing contact with both parents following a divorce. This makes the creation of an appropriate parenting plan a critical part of any divorce decree. Divorce attorneys are particularly valuable in assisting with parenting plans, and with helping to negotiate child support and alimony levels. It is their job to remove as much of the emotion as possible from the divorce process, and use facts and logic to make the best possible case for the clients they represent.
Faletti Law Office focuses on family law, tax law, bankruptcy and estate planning for clients in Bloomfield and the surrounding Colorado communities of Arvada, Westminster, Northglenn, Commerce City, Erie, Brighton, Lafayette, Longmont, Firestone, Thornton, Adams County, Jefferson County and beyond.