Contrary to popular belief, alimony is not awarded in any state based on fault in a divorce. Rather, it is awarded based on both need as well as the ability to pay. In Colorado, our readers may also hear alimony referred to as "spousal maintenance."
In our current era of uncharted territory and being true to oneself, it is no surprise to find that divorce rates among couples 50 and older are on the rise. Known as the baby boomer generation, these individuals were married in a very different time and familial climate than current generations know. It was not uncommon for a wife to stay home, raise children, and take care of the home while the husband worked to pay all of the bills and provide for the family. These matters are commonly referred to as a "grey divorce," and they can be much more complex than the divorce of a couple who have not been married very long. Whereas a young couple likely both work and contribute to household finances, older couples likely did not. That alone makes it much more difficult for a judge to determine how to equally divide assets.
The process of dividing property is the most time-consuming and technically demanding part of many divorces. The two spouses must agree on how to split up their marital property under Colorado law.
Both parents have rights and responsibilities toward their children after a divorce. Colorado courts generally order parents to share physical custody, but even when a child lives with one parent most of the time, the other parent almost always has rights to visit their child. Visitation is considered a fundamental right for parents, and good for the child, and a court will rarely interfere with it unless the parent has been abusive.
Divorced parents often put a lot of work into negotiating a child custody arrangement and parenting plan. Once they have a child custody order in place, they have a framework in which to manage issues like visitation, drop-offs and pickups, coordinating schedules and communication about education and health care, not to mention child support.
Colorado has a no-fault divorce law, which means that a person seeking a divorce does not have to prove that their spouse did anything wrong. As long as they meet the residence requirements, and both parties agree that the marriage is "irretrievably broken," the court will almost always grant the request to legally dissolve the marriage.
When you're going through divorce, it's natural to feel angry or resentful toward your ex. A divorce can intensify these feelings. In court, each party argues over every detail and tries to convince a court that it is right and the other side is wrong. Even when the two sides negotiate a settlement out of court, each side has incentives to fight harder for every issue.
There are a number of family law issues that arise when a couple is going through a divorce and each one is often more contentious than the last. Spousal support, maintenance, or alimony, can become especially contentious as one party struggles to get what they need to regain financial footing after a divorce and the other party resists these efforts.
Many people do not fully comprehend the far-reaching consequences of a divorce. Colorado residents are more focused on ending their marriages and moving on with their lives without realizing that the decisions made in the process not only influence their financial stability, but also their relationship with their children. Oftentimes marriage dissolution even affects where an individual is going to live after moving out of their house. Divorce can affect almost every aspect of a divorcing individual's life, which is why understanding the long-term consequences prior to addressing pertinent divorce legal issues is very important.
Given that many young adults in Colorado are the products of divorced marriages, it may come as no surprise that they are taking their time to settle down and get married. Not only are "millennials" driving the divorce rate down, they are also helping bring the marriage rate down. There are a number of ways that they are changing the face of traditional marriages,