Divorces are not an easy thing to go through and at times they can get very complicated and very messy. To further add few to the fire it is important to remember that family law and divorce law in particular can change depending on what state you are in. To help us break down the differences today we are going to take a look at what the law says with regards to divorce here in Colorado Springs, and to help us with that we chatted to the guys at Marrison Family Law, who specialize in these here in the state of Colorado.
What Are The Grounds For Divorce?
There are some states which place real importance on the reason for the divorce, they look into who is at fault and why the spouse wishes to terminate the marriage. Here in Colorado Springs however things are much different and it is what is known as a ‘no fault’ state. What this basically means is that it is completely irrelevant who is at fault for the divorce, and this will not play a part in the overall proceedings.
The law around how long you must have lived in Colorado prior to filing for a divorce is 90 days. The reason behind this is that being a no fault state, this is naturally attractive to many couples who wish to get divorced without getting into the whys and wherefores of the breakdown of the marriage. This residency law seeks to prevent people from crossing state lines just to get divorced.
How Property Is Divided
In an ideal worlds the two spouses who are about to divorce will come up with an agreement between themselves in terms of what will happen to the assets such as property. If this doesn’t happen then the judge will step in and make that decision if the pair is not able to. Generally if it goes to a judge, they will give property back to either spouse who owned it prior to the marriage, and they will recommend that any other property is sold and the proceeds split down the middle
Much like with property the alimony decision will be left up to the couple and if they cannot make a decision the judge will take it out of their hands. When it comes to working out how much alimony must be paid there will be a means tested approach to see how much can be afforded, and then make a sensible decision based on that.
When Kids Are Involved
If there are children involved then the decision will be taken by the court as to who gets custody. They will make this decision based on where the kids will be best suited and they will also make the decision based on which involves the least upheaval for the kids. The mother is generally the preferred option here but there is no law which suggests that.