There may come a point in your marriage when you realize that your relationship simply isn’t working anymore. While few people enter into a marriage with the plan to divorce, it is sometimes the best option for everyone. That being said, even a divorce that you want can be difficult.

For many men, the primary concern when they get divorced is how it will affect their finances and their relationship with their kids. There is a common misconception that women are favored when it comes to child custody, child support, property division, and spousal support. In reality, judges must follow Colorado law when making these determinations, and Colorado law focuses on fairness and the best interests of the child. Our Colorado divorce lawyers will help you understand your rights as a man getting divorced and will work to make sure that your interests are protected.

Ascent Legal Group provides high-quality, client-focused legal representation to clients who are dealing with family law issues, including divorce, child custody, and support. We understand the unique concerns that many men have when getting divorced. Reach out to our law firm today to schedule a free consultation with a Colorado divorce attorney

Men’s Rights Related to Property Division

When you get divorced in Colorado, all assets and debts are divided equitably (not equally). Regardless of gender, neither spouse has an advantage when it comes to property division. Similarly, alimony, or maintenance as we refer to it in Colorado is based on fairness and need, not gender.

In Colorado, property division starts with categorizing all assets and debts as either marital property or separate property. Colorado divorce courts only have jurisdiction to divide marital property as part of the divorce. So let’s talk about how a Colorado court would define each category.

Separate property includes any assets that a spouse acquired before marriage or that they received as a gift or inheritance. There can be some different circumstances with regards to separate property, such as an asset that was commingled, in which it may become marital property. In addition, an increase in value in separate property over the course of a marriage could be considered marital property.

Marital property includes any asset or debt that was acquired by the couple during their marriage. Once a list of joint assets is finalized, these assets will be valued. This is often fairly straightforward, such as the value of a retirement account or the appraised value of a marital home. In complex or high net-worth divorces, however, it may be more challenging to assign a value to a particular item. Our law firm works with experts in the field who can appraise and value more unusual assets, such as a family business or collectibles.

Once the marital assets are listed and a value is assigned to each item, they will be divided based on what is fair and equitable. A court will look at various factors related to the economic circumstances of each party, including:

• Each spouse’s contribution to the marriage;
• Each spouse’s economic circumstances;
• Each spouse’s contribution to acquiring marital property, and
• Any separate property for each spouse.

Notably, gender is not a factor when dividing assets. A judge will focus on what is fair based on the unique circumstances of a particular divorce. 

While this is changing, it isn’t unusual in many marriages for the man to be the primary earner or for him to make a greater financial contribution to marital assets. This can often leave men feeling like property division is unfair or that their wife is taking everything that they worked for over the course of their career. 

While it may feel unjust, it is important to remember that Colorado courts consider both economic and non-economic contributions to a marriage. If your soon-to-be ex put her career on the back burner or stopped working to take care of the kids or support your career, it is considered a contribution to the marital estate. A judge will take that into account when dividing marital property.

Our Colorado divorce attorneys are seasoned at handling all types of divorces. We understand the concerns that many of our male clients have when it comes to a fair property division. Our job is to protect our clients’ interests in every aspect of the divorce, including when determining a fair distribution of property.

Men’s Rights Related to Maintenance in Colorado Divorce Cases

We also advocate for our male clients when it comes to alimony or maintenance as we call it in Colorado. Maintenance is not always appropriate, and in the cases where it is awarded, it is not always paid by the husband. Colorado courts focus on fairness, not gender, when it comes to determining the appropriateness of spousal maintenance.

Generally, maintenance may be awarded in cases where one spouse needs financial support and the other spouse has the ability to pay it. A judge will decide on maintenance after dividing property, because property division will affect maintenance. Other factors that may be considered include:

• Each party’s gross income;
• The financial resources of each party;
• The marital property apportioned to each party;
• Reasonable financial need; and
• The tax implications of an maintenance award.

As with property division, spousal maintenance is based on the facts and circumstances of a given case, not on the gender of the person requesting maintenance. There may be situations where your spouse is awarded maintenance because they need the financial support, such as if they stopped working to be a stay-at-home parent when you had kids and have been out of the workforce for decades. We can offer you strategic legal advice about your rights and options when it comes to spousal support.

There are also cases where a man may request maintenance. It is becoming more common for women to be the primary earner in a relationship. If your wife outearns you, you can and should consider a request for temporary maintenance or longer-term maintenance. Our Colorado divorce lawyers can help you with the process.

Men’s Rights Related to Custody in Colorado Divorces

There is a long-standing belief that women are favored by courts when it comes to child custody. Fortunately, this belief is false. Colorado courts are specifically prohibited from making decisions based on information that could be biased, including based on the gender of the parent requesting custody.

In Colorado, custody is decided based on the best interests of the child or children. Custody – known as parenting responsibilities – is divided into two categories:

• Decision-making responsibility (often referred to as legal custody) is the ability to make decisions about important matters such as education, religion, and medical treatment.
• Parenting time (often referred to as physical custody and visitation) is the amount of time that a child spends with each parent.

The legal preference in Colorado is for parents to share decision-making responsibility. As long as the parents are able to do so, courts prefer that they make big decisions about things like vaccines, school, and religion together as co-parents. There may be situations where that simply isn’t possible, and one parent gets authority to make decisions about specific issues.

Parenting time is both the amount of time that a child spends with each parent and where they live most of the time. The primary custodial parent is the one who has more overnight visits in a given year. If a parent has fewer than 90 overnights per year, then they are the noncustodial parent. If the overnights are roughly equal, then the parents share joint parental responsibility. Child support is then calculated using a formula and is typically paid by the noncustodial parent to the custodial parent.

Many men worry that they won’t get to see their kids if they get divorced because courts favor mothers over fathers. It is important to understand that legally, a judge cannot give weight to a parent’s gender when making a custody decision. The overarching consideration is the best interests of the child, not whether a parent is a man or a woman.

Men do face some unique situations when it comes to child custody. Our Colorado men’s rights divorce lawyers can assist you with issues such as:

• Tender years arguments: Some mothers may claim that they are best suited to care for and nurture their kids when they are young. While there may be some validity to this argument in limited circumstances, such as when an infant is exclusively breastfeeding, the “tender years doctrine” has been debunked by psychologists and rejected by courts. Nevertheless, some judges may still buy into the idea that a woman is better at taking care of young kids. Our team of experienced child custody lawyers will refute these types of arguments, gathering testimony from loved ones and expert witnesses to refute this claim.
• Paternity: Colorado courts presume paternity if a man was married to a woman when a child was born or if his name is on the birth certificate. However, there may be situations when paternity is in dispute, such as if a child was born before a couple was married or if the husband has reason to believe that the child may not be biologically his. There may even be cases where the mother claims that her soon-to-be ex isn’t actually the father. Paternity issues can be resolved fairly simply through a DNA test, but are still difficult to navigate legally and emotionally. We can help you understand your options and fight to protect your rights as a father.
• Domestic violence: anyone can be affected by domestic violence, including men. If you are a victim of domestic abuse at the hands of your wife,  it can impact a custody determination. Alternatively, your ex may make a false allegation of abuse as a way to gain an edge in a divorce case. Our Colorado divorce lawyers will work to build a strong case on your behalf, whether to demonstrate that your wife was abusive to you or the kids, or to push back against false claims of domestic violence.

Child custody issues are very fact-dependent. For fathers, the critical thing to remember is that courts cannot put a thumb on the scale for your ex simply because she is a woman. Many of our male clients are active, involved, loving fathers, and have just as much right to make decisions about and spend time with their kids as their exes do. We are fierce advocates for our clients’ rights as fathers, working hard to understand their individual situations while developing a customized strategy to achieve their goals.

If You’re Contemplating Divorce In Colorado, Reach Out to Our Law Offices for a Free Consultation.

Men often go into a divorce believing that they will be treated unfairly by the court system. While men should be treated equally, old prejudices sometimes come into play. Our job as Colorado divorce attorneys is to make sure that our clients are treated equitably, both men and women, when it comes to all aspects of a divorce.

From our offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group offers high-quality legal representation for men going through divorce in Colorado. We understand the unique concerns that men have when making the decision to get divorced. Our goal is to address those concerns head-on with a proactive legal strategy.   Contact our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado divorce attorney.