At 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.
Getting divorced? Call our firm today for your
free case evaluation.