Colorado Is A No Fault Divorce State But Does Not Follow Community Property Laws States Colorado Divorce Lawyer

Even though a couple may file for a no fault divorce in Colorado, there are some things they still need to be aware of in the long-term.

“Divorce is tough on everyone, but it is even harder when there are kids in the picture. There are hard feelings and things get messy and complicated. While the laws in each state are different when it comes to divorce, if you live in Colorado, you need to know you can file for a no-fault divorce,” explained Bill Thode, a Denver divorce lawyer.

No-fault divorces mean the parties do not need to prove their marriage failed due to anyone’s fault. They just need to state the marriage was irretrievably broken, much like the term irreconcilable differences. In Colorado, a divorce is possible based on a couple’s inability to get along with one another; something that can simplify the whole process. However, there are still property and custody issues to handle, and for this, the parties need a qualified Colorado divorce lawyer.

Colorado is not a community property state, which means there needs to be an equitable division of marital property, acquired during the marriage. While there are often other issues relating to this, such as who owns what, for how long, whether it is an inheritance or jointly owned property acquired prior to marriage, the biggest issues tend to revolve around investments, retirement funds and any business interests.

“No matter whose name is on the title, any property bought during a marriage is divided between both spouses. In the absence of a prenuptial agreement or other relevance circumstances, the courts often divide the property equally. This is where a lawyer can often help you get a better settlement or outline things that do not need to be divided equally,” Thode said.

The most contentious issues in a divorce often relate to child custody, and mean the parties involved need to be completely informed about what options are available. In Colorado, custody is joint or sole. In joint custody, both spouses share care of the children. In sole custody, one parent handles that responsibility. For the best custody arrangement, it is often advisable to discuss the issues with a Colorado divorce lawyer. Knowledge is power and provides the ability to make informed decisions.