What you should know about Divorce and Child Support in Colorado

What you should know about Divorce and Child Support in Colorado

When you marry, you always do so with a long term expectation of living together till death do you part. However, you may experience some setbacks which may result in you opting for a divorce. It is always a nervous and challenging moment.

It is important, according to Divorce Matters, to consult with a divorce attorney to understand all your parental rights. A divorce attorney will also provide information and services such as division of marital property, assets and debts, and rights over the children.

Here are some of the facts you should be knowing about divorce in Colorado

1.    Grounds for divorce

With Colorado being a “no-fault “divorce state, you cannot just allege that the cause of the divorce was your spouses’ wrongdoing. You only need to produce substantial evidence showcasing the presence of irreconcilable differences between you and your spouse.

However, some scenarios such as alimony and division of property may require the court to consider “fault”

2.    Residency requirement

Before filing for divorce, at least one of you ought to have been a resident for Colorado State. You must have resided 3 months or 90 days.

3.    Property Division at divorce

Colorado is an equitable division state where each one – you or your spouse-owns the income that you earn during the marriage. Judges can divide the marital property in a way he or she considers fair, but not exactly equal.

4.    Rules about child support in Colorado

The State of Colorado requires that even after a divorce, both parents support their children. The allocation of child support money relies on the parent’s income, the time each parent spends with the children, and other resources.

5.    Child Custody

When a minor child is involved in the dissolution of marriage, the court does everything possible to lessen their emotional trauma. It can further establish the custody order the child when the parents fail to come to an agreement on the same issue.

6.    Child Support

The court may order reasonable child support which is to be paid by either parent, without considering a marital fault. The following are considered:

  • The child’s financial resources
  • The custodial parent’s financial resources
  • The standard of living which the child could have enjoyed
  • The child’s physical and emotional needs
  • Financial resources and obligations of both parents (custodial or noncustodial).

7.    Emancipation

Support ends when the child is 18 years or graduates from high school. The only time it proceeds beyond is when the child is physically or mentally disabled. Parents cannot, in such events, be compelled to pay for the advanced education (college education)

  1. Alimony (Spousal maintenance)

Divorcing partners can agree on who to support the other during and after the proceedings. They can also agree on the amount and frequency of payment. When you are unable to reach a conclusive and inclusive decision, the court makes one for you.

The court considers several factors before awarding you the alimony:

  • You lack the financial ability
  • Your age and health
  • Your spouse’s income and financial ability
  • Standards of living that were established during the marriage.

Divorce is a very broad process which requires understanding and assistance from a qualified divorce attorney.

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