Divorces can often be extremely messy and emotionally charged affairs,
sometimes leading to immense stress or even emotional or physical abuse.
However, many people choose to stick it out and put themselves through
this terrible situation because they think that they will lose claim to
some or all of their possessions by moving out.
If you are being subjected to emotional abuse, there is some good news:
you do not have to take it and you can move out without issue. In fact,
you should get out quickly to help preserve your own physical or emotional
safety. In these instances, you can request temporary protective orders
Keeping Your Possessions
The spouse who stays in the home is in no way guaranteed to be the spouse
who gets to keep the home after the divorce is finalized. In fact, Colorado
law tends to side more with the spouse who has the legal responsibility
for the home, including having their name on the mortgage and their utility
bills. When the spouse responsible for these burdens cannot afford them,
the court will often order some form of temporary maintenance during the
divorce, particularly if that spouse is not the higher-earning spouse.
Keeping the home afterward is also open to negotiation. One spouse can
request to keep the home, but may have to concede on a number of other
points in order to make a fair divorce agreement. Likewise, the things
within the home itself, such as furniture, may be taken away, as well
as any mutual possessions that are given away as part of the concession.
During a divorce, the court may opt to create a temporary child custody
order in order to help the children’s lives remain stable. This
can be seen as an advantage to the parent who remains in the home for
child custody, but not always. Making an agreement in writing that the
parent who is moving out is not giving up any rights to child custody
is one way to ensure you maintain your rights. If you cannot obtain one
of these agreements, you can ask the court to establish a temporary parenting
schedule, which also helps maintain your rights to child custody.
If you need assistance with your divorce case, seek assistance from a skilled
Denver divorce attorney. At
Peek Family Law, LLC, attorney Sean Peek helps you shoulder the emotional burden by removing
some of the stress and uncertainty from your divorce. When you trust your
case to Attorney Peek, you can be sure that your case is in the hands
of an attorney who is up to date on the latest laws and case results,
allowing him to fight to protect the best interests of you and your family
in the most optimal manner.
Call Peek Family Law, LLC today at (303) 857-5797 and
schedule your case evaluation with our firm.