Making the decision to get a divorce can be scary. It can be particularly overwhelming if you don’t know what to expect. You might have heard certain things about getting divorced in Colorado, but they may not necessarily be true. This likely includes some false narratives about how gender affects property division, alimony, child custody, and child support.

Under Colorado law, a court will not give preferential treatment to a woman or a mother when deciding these important issues. Instead, these decisions will be based on fairness for property issues and on the best interests of the child for custody and support. Our Colorado divorce attorneys work to ensure that our clients get the best possible outcome, regardless of gender, based on the facts of their case.

At Ascent Legal Group, we represent women in divorce and related matters, including child custody and support. For each client, we fully consider the facts of the case before developing a comprehensive strategy that is designed to protect our clients’ interests. Reach out today to schedule a free consultation with a Colorado divorce lawyer.

Women’s Rights In Regards To Property Division

In Colorado divorces, courts are required to divide property equitably – not equally. Neither party in a divorce has a greater right to any asset simply by virtue of gender. Instead, any marital property will be divided based on what is fair. This involves a consideration of the economic circumstances of each spouse, including the value of their separate property.

The first step in the process is determining which property is separate property and what is marital property. Separate property includes assets that a spouse either acquired before marriage or received as a gift or inheritance. This property is not subject to division, although an increase in value may be considered marital property. 

All marital assets will then be divided equitably (fairly) based on factors such as:

• 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.

Colorado courts do not consider gender when it comes to dividing up assets and debts. Instead, the focus is on what is fair given the facts of the case and the divorcing couple’s unique circumstances.

If one spouse is the primary earner, they may take a more aggressive stance and try to claim that the marital property is theirs because they are the one who paid for it – but this argument does not hold water under Colorado law. A court will take into consideration both financial and other contributions to the marriage – which can include things like a stay-at-home spouse taking a less demanding job so that they can support their spouse’s career. Our Colorado divorce lawyers will advocate for your right to a truly equitable property distribution that fully recognizes your contributions to the marriage.

Women’s Rights In Regards To Alimony 

Just like property division, alimony (or “spousal maintenance” as it is called in Colorado) is not based on gender in Colorado. Instead, Colorado courts determine spousal maintenance after deciding on property division. A judge will examine whether alimony is appropriate based on factors such as:

• 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 alimony award.

In this way, courts make spousal maintenance decisions based on the facts of the case and what is fair given the circumstances. Neither a wife nor a husband will automatically be awarded spousal maintenance.

It is possible to get temporary spousal maintenance while a divorce is pending. This can be important for a woman who might not work outside of the home or who earns less than her spouse. Our experienced Colorado divorce lawyers will advise you of your options when it comes to alimony and other financial matters as they relate to your specific situation.

Women’s Rights In Regards To Custody Matters

There is a common misconception that women have an advantage when it comes to child custody matters. In reality, Colorado law specifically states that courts shall “strive not to consider” any information recommendations that are biased – including those due to gender. In other words, a judge cannot assume that either parent should be awarded custody because of gender.

Instead, custody determinations are made based on the best interests of the child. In Colorado, custody is referred to as parenting responsibilities. There are two types of parenting responsibilities:

1. Decision-making responsibility (legal custody), which is the ability to make important decisions about things like a child’s education, religion, and medical treatment.
2. Parenting time (physical custody and visitation), which is the amount of time that a child spends with each parent.

In Colorado, the preference is for parents to share decision-making responsibility. This means that both parents make important decisions about their kids jointly. In some cases, a judge may give one parent the right to make final decisions about certain issues.

Parenting time includes both where a child lives and the amount of time that they spend with each parent. The custodial parent is determined based on the number of overnight visits. Typically, if one parent has fewer than 90 overnight visits per year, they are considered the noncustodial parent. If each parent has relatively equal overnight visits, then they share joint parental responsibility. Colorado uses a formula to determine child support, which is usually paid by the noncustodial parent to the custodial parent.

Under Colorado law, women are not given any preference when it comes to deciding what is in the best interests of the child simply because they are mothers. However, certain challenges can arise during divorce that can disadvantage women. An experienced Colorado women’s rights attorney can help you navigate issues such as:

• Domestic violence: While anyone can experience domestic violence, statistics show that women are more likely to be the victims than the perpetrators. This can impact child custody in several ways. If one parent alleges that the other parent is abusive or that they have engaged in domestic violence, then a judge will take that into consideration when determining the best interests of the child. Of course, being a victim/survivor of domestic violence can affect you emotionally – and may make you scared to stand up for yourself in divorce proceedings. Our Colorado divorce lawyers will advocate for you and your children, with the ultimate goal of prioritizing your safety.
• Power imbalances: It is not unusual for there to be a significant difference in the financial status of a stay-at-home spouse and the primary breadwinner. Many women in Colorado choose to put their own careers on hold to be more available for the children or to support their spouse’s career. This selfless act can often be turned to disadvantage by a spouse who controls the money and can make a woman feel helpless. Our law firm can even help you seek a temporary support order to give you financial stability through the divorce process.
• Father’s Rights Arguments: While Colorado does not give custody preference based on gender, that doesn’t mean that custody should automatically be divided 50-50. Some men will make these arguments – or will hire an aggressive “father’s rights” lawyer to claim that the judge should give them more custody because men are disadvantaged. There are no special rights or laws for fathers when it comes to child custody or support. The key consideration is always the best interests of the child – a reality that our Colorado family law attorneys will remind the court of when advocating for you.

Each case is different, which is why our law firm takes the time to truly understand the dynamics of a relationship before developing a legal strategy. While there are many old stereotypes about how women and men are in relationships, they certainly aren’t true for all – or even most – couples. We offer an individualized approach that is designed to maximize our clients’ chances of a good outcome while minimizing stress and expensive litigation when possible. 

Considering Divorce In Colorado? Call Our Law Offices for a Free Consultation.

Women often face unique challenges when it comes to Colorado divorces, but they should expect fair treatment from the court system. As dedicated divorce lawyers, we work hard to ensure that our female clients are treated equitably – and with respect and dignity. We strive to help our clients earn the most favorable result possible in their divorce cases.

With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group represents women in Colorado divorce and other family law matters. We know that divorce can be stressful and emotionally fraught, which is why our goal is to always help our clients understand exactly what is happening with their cases – all while advocating for their rights. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a seasoned Colorado divorce lawyer.