Have you just been served with divorce papers or you’re contemplating filing for divorce?
Hi. I’m Marie Drake of The Drake Law Firm and today I’m going to try to answer the three most frequently asked questions when someone either gets served with divorce or they’re contemplating divorce.
One of the most frequently asked questions that we get when someone is either served with divorce papers or they’re about to file or want to file is “Does the reason for the divorce matter?” Well, I’m here to tell you that in Colorado, it does not. We are what’s called a no fault state, meaning if your husband is messing around with the secretary, you don’t get to put that in your petition for divorce.
It just doesn’t matter.
The court doesn’t care who he’s sleeping with. And frankly, unless he’s spending tens of thousands of dollars in marital funds on her, it really doesn’t matter.
The second most frequently asked question we get with regard to family law is “How is child custody decided in Colorado?” Well, in Colorado, there’s one standard, and it’s what’s in the best interest of the child. And what that means that the court will always keep that at the forefront when deciding who will be the primary residential parent and how many nights will the other parent get. And where should the child go to school if you two can’t decide on that together.s So remember, it’s in the best interests of the child, that is the standard, and that’s the question we get so frequently.
The last most frequently asked question that we get regarding divorce is “How will bank accounts be divided? How will retirement be divided? How will house equity be divided?” We’re talking about marital assets. And what you need to know is that in Colorado, any income earned during the marriage and any increase in investment accounts or equity in a house is marital property.
And so, that’ll be divided in what’s called an equitable way. Equitable doesn’t always mean equal, but it often does. So, keep that in mind when you’re thinking about how to divide marital assets in Colorado. If you have any questions at all regarding your divorce proceeding or any family law matter, whether they’re frequently asked or not, please give us a call here at The Drake Law Firm.
We’re standing by and happy to answer your questions.
