Factors a Colorado Court Considers in Divorce
Divorce can be a difficult and emotional process, especially if you have children and valuable assets involved. Couples who have decided to file for divorce in Colorado must understand the critical factors that the court considers to handle the divorce case. Understanding these factors can prepare parties for what to expect and help them make informed decisions. In this blog post, we will discuss the essential factors that a Colorado court considers during a divorce proceeding.
1. Property Division
One of the significant issues in any divorce proceeding is the splitting of property between the parties. During a divorce proceeding, the court will consider several factors to achieve an equitable distribution of property. The court considers the length of the marriage, the financial disposition of each party, and the overall value of the property or assets to be divided.
2. Child Custody
When a couple with children files for divorce, the court must consider the welfare of the children involved, including their best interest. Colorado courts usually award joint custody unless one parent is deemed unfit to be a custodial parent. Other factors that the court considers include the emotional, social, and educational needs of the child and the wishes of the child (if they are mature enough).
3. Child Support
In Colorado, child support is calculated based on the combined gross income of both parents, the number of minor children involved, and the amount of parenting time allotted to each parent. The court may also consider the child’s medical and educational expenses. Child support is designed to ensure that the child’s financial needs are adequately met.
4. Spousal Support
Spousal support, also known as alimony, is financial support paid by one spouse to the other after the divorce is finalized. The court considers several factors when determining the amount and duration of spousal support, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage. Spousal support is usually meant to be temporary to allow the lower-earning spouse time to become financially stable.
5. Mediation
Mediation is an alternative to divorce litigation whereby the parties work with a mediator to reach an agreement on various divorce-related issues. Mediation can save time, money, and emotional stress for the parties involved. The parties can also retain more control over the outcome, as opposed to leaving it entirely in the hands of the court.
Divorce is never easy for anyone involved, but it can be less complicated if both parties understand what to expect. By knowing the factors that Colorado courts consider during a divorce proceeding, you can better prepare yourself for the process and make informed decisions. Working with an experienced family law attorney can help you navigate the process and achieve the best possible outcome. If you are considering filing for divorce or are currently involved in a divorce proceeding, consult with an experienced attorney today.
