When it comes to family law the details very often differ from state to state and today we are going to try and answer any burning questions which you may have about the process of divorce here in Colorado Springs. When you look into legal proceedings for family law cases you may well see some similarities from state to state and county to county, but there are also some key differences which you need to watch out for. We have spoken to the team at Marrison Family Law in order to try and give you the best answers to any divorce-related questions which you may have about how things work in Colorado Springs.
What Are The Grounds For Divorce?
Colorado Springs is considered a ‘no-fault’ state, which essentially means that the courts won’t bother looking into who was at fault for the divorce or who has the larger share of the blame for either the break-up of the marriage, or for the bringing forth of divorce proceedings. This is the most common approach in most states but there are some who will focus on the guilty party. This information therefore will not impact anything to do with the splitting of assets or the custody of the children, those will be decided using different measures.
Must You Be a Colorado Resident?
The law here in Colorado dictates that both of the spouses must have lived in Colorado for at least 90 days prior to either party filing for divorce. The reason for this is that the surrounding states do not have a no-fault law which can often attract people to come to the state of Colorado in order to make the most of this, the 90 day rule means that this is far more difficult to do.
How Is Property Divided?
In an ideal world the two spouses will work out between themselves as to how they will split the property or properties up which they own. If this cannot be agreed upon by the pair then the judge will be forced to step in and make a decision on this on their behalf, after taking all factors into consideration. The judge will take into consideration who owned what prior to the marriage, how property was acquired and who paid most into the property.
How Does Custody Get Decided?
The judge will decide this based on where they think that the kids will be most secure and where they will have the most stable environment. Normally this is something which is means tested.
How Does Alimony Get Decided?
Alimony is decided by each spouse if they are able to but much like with property, if they cannot reach an agreement then the judge will step in. This will be means tested and the judge will make a decision based on the average income of the paying spouse and what is needed by the other parent and the children on a monthly basis.