Contact Us

Phone:  303-997-3290

Location

225 Union Blvd 

Suite 150

Lakewood, CO 80228

Hours

Mon - Fri
-
Saturday
-
Sunday
Closed

The Top 6 Factors a Court Will Consider During Your Colorado Divorce

February 28, 2023

The Top 6 Factors a Court Will Consider During Your Colorado Divorce

If you are considering getting a divorce in Colorado, it is important to be aware of the factors that a court will take into account when making decisions about your case. While every divorce is unique, there are some commonalities that courts will consider when making decisions about property division, spousal support, and child custody. Here are the top 6 factors a court will consider during your Colorado divorce:

 

1. The Length of Your Marriage

 

One of the first things a court will look at is how long you were married. Generally speaking, the longer you were married, the more likely it is that the court will award spousal support and divide property more equitably. 


2. The Age and Health of Both Spouses

 

Another important factor that courts will consider is the age and health of both spouses. If one spouse is significantly older or in poor health, this may impact the court’s decision about spousal support and/or property division. 


3. Each Spouse’s Financial Situation

 

Courts will also take a close look at each spouse’s financial situation. This includes things like each person’s income, debts, and assets. The court will use this information to make decisions about things like spousal support and property division. 


4. Whether One Spouse Stayed Home to Raise Children

 

If one spouse stayed home to raise children while the other worked outside the home, this may impact the court’s decision about spousal support and property division. The court may find that the homemaker made significant sacrifices during the marriage and award them accordingly. 


5. Each Spouse’s Earning Potential

 

Another factor that courts will consider is each spouse’s earning potential. This is especially relevant in cases where one spouse earns significantly more than the other or where one spouse gave up their career to stay home with children. The court may find that the lower-earning spouse needs spousal support in order to maintain their standard of living after divorce. 


6. Any History of Domestic Violence

 

Finally, if there is any history of domestic violence in the marriage, this will definitely be taken into account by the court when making decisions about things like spousal support and child custody. Domestic violence is taken very seriously by courts, and victims of domestic violence will often be awarded more favorable terms in their divorce settlement. 


These are just some of the many factors that a Colorado court will take into account when making decisions about your divorce settlement. It is important to remember that every divorce is unique, so not all of these factors will apply in every case. However, if you are considering getting a divorce in Colorado, it is important to be aware of how these factors may impact your case. If you have any questions or need assistance with your divorce, our experienced team at Peter A Garin Attorney At Law can help. Contact us today for a consultation!

A family is walking down a street while a child is riding a bike.
February 27, 2025
Learn how Colorado courts use Child and Family Investigator (CFI) reports in custody disputes. Discover how CFIs assess parenting arrangements and how their recommendations impact court decisions. Contact Peter A. Garin Attorney At Law for legal guidance in your custody case.
December 2, 2024
How is Child Custody Determined in Colorado?
October 25, 2024
What Does a Child and Family Investigator Attorney Do?
September 19, 2024
How long does Child Support last in Colorado?
August 31, 2024
The Consequences of Failing to Pay Child Support in Colorado
August 1, 2024
Divorce is often a complex and emotionally charged process that can significantly impact your life and the lives of your loved ones. Navigating the legal intricacies of divorce can be overwhelming, especially when dealing with issues like property division, child custody, and spousal support. At Peter A. Garin, Attorney at Law, we specialize in providing compassionate and effective legal representation for individuals going through a divorce in Colorado. Here’s how a divorce attorney can help you during this challenging time. 1. Understanding Colorado Divorce Laws Divorce laws vary from state to state, and Colorado has specific regulations that govern the divorce process. An experienced divorce attorney understands these laws and can explain how they apply to your case. They can help you understand your rights and responsibilities, ensuring that you are well-informed throughout the process.  2. Providing Objective Advice Divorce can be an emotional rollercoaster, making it difficult to make clear and rational decisions. An attorney can provide objective advice, helping you make informed choices that are in your best interest. They can also help you set realistic expectations and develop a strategic plan to achieve your goals. 3. Handling Paperwork and Legal Procedures The divorce process involves extensive paperwork and adherence to strict legal procedures. An attorney can handle all aspects of filing for divorce, including preparing and submitting documents, meeting deadlines, and ensuring compliance with court requirements. This reduces the risk of errors that could delay your case or negatively impact the outcome. 4. Negotiating Settlements Many divorce cases are resolved through negotiation rather than litigation. An experienced divorce attorney can negotiate on your behalf, seeking a fair settlement that addresses issues such as property division, child custody, visitation rights, and spousal support. Their negotiation skills can help you reach an agreement that minimizes conflict and preserves relationships. 5. Representing You in Court If a settlement cannot be reached through negotiation, your case may go to court. Having a skilled attorney represent you in court is crucial. They can present your case effectively, advocate for your rights, and work to achieve the best possible outcome. Their courtroom experience and knowledge of legal procedures can significantly enhance your chances of a favorable verdict. 6. Protecting Your Interests Divorce can involve complex financial issues, including the division of assets, debts, retirement accounts, and business interests. An attorney can help you protect your financial interests by ensuring that all assets and liabilities are accurately identified and fairly divided. They can also help you understand the tax implications of your divorce settlement. 7. Addressing Child Custody and Support Child custody and support are often the most contentious issues in a divorce. An attorney can help you develop a parenting plan that prioritizes the best interests of your children while ensuring that your rights as a parent are protected. They can also assist in calculating child support and advocating for a fair and reasonable arrangement. 8. Providing Emotional Support Divorce is not just a legal process; it’s also an emotional journey. An attorney can provide not only legal support but also emotional support, helping you navigate this difficult time with confidence and peace of mind. Knowing that a professional is handling your case allows you to focus on your well-being and that of your family. Benefits of Hiring a Divorce Attorney Hiring a divorce attorney offers several advantages: Expert Legal Knowledge: An attorney with experience in divorce cases understands the intricacies of family law and can provide expert advice tailored to your situation. Thorough Case Management: An attorney can handle all aspects of your case, from filing paperwork to negotiating settlements and representing you in court. Effective Negotiation: An attorney can negotiate on your behalf, seeking fair and equitable solutions that minimize conflict. Peace of Mind: Knowing that a professional is handling your case allows you to focus on your well-being and future, confident that your legal matters are being addressed. At Peter A. Garin, Attorney at Law, we are dedicated to providing compassionate and effective legal representation for individuals going through a divorce in Colorado. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.
June 30, 2024
Understanding How Child Support is Calculated in Colorado
May 31, 2024
Navigating Child Custody in Colorado: What You Need to Know
April 22, 2024
Having a criminal record can have lasting consequences on your life, from impacting your ability to find employment to limiting housing options. Fortunately, in the state of Colorado, there is a legal process known as expungement that allows individuals to clear their criminal records under certain circumstances. However, navigating the expungement process can be complex and overwhelming. This is where an expungement attorney can help. In this blog post, we will discuss how an expungement attorney can assist you in clearing your record in Colorado.
March 26, 2024
Understanding Alimony in Colorado
More Posts
Share by: