After deciding that it is time to proceed with a divorce, there can be a lot of questions about what to expect from the process. Getting answers to these questions can be essential to helping people:
- Develop realistic expectations
- Position themselves to protect their interests
- Obtain the best possible outcomes.
To provide divorcing parties with helpful information, below are answers to common questions about divorce and custody cases in Colorado. When you are ready to receive answers – and advice – specific to your situation, however, contact the seasoned Denver divorce & child custody lawyer at Katherine Grier, P.C.
Important Information about Colorado Divorce & Custody Case
Q: I’m ready to end my marriage. Is it better to file for divorce ASAP or to wait?
A: It depends on your situation and your ideal outcomes. Immediately moving forward with a divorce case can be the best choice when factors like the following may be involved:
- Domestic violence or abuse is threatening the safety of your and/or your child.
- You are about to start a business or come into other assets, and you don’t want these to be considered part of the marital property.
- You are ready to move on with your life, and you are financially prepared for the upcoming process.
In contrast, you may want to put off divorce if factors like the following pertain to your situation:
- You need to build up your savings a little bit so that you have a financial safety net for an upcoming divorce case.
- Your marriage is just shy of meeting the long-term mark (and if you wait, you may be entitled to substantially more).
- Your pre-nuptial agreement has a sunset clause (so, again, waiting could entitle you to a better divorce settlement).
The bottom line here is that there can be strategic advantages to waiting to file your divorce petition (as long as you and your child’s safety is not in danger), so it’s best to consult with a lawyer to find out more about your best options.
Q: Is it better for me to stay in or move out of the marital home?
A: Again, it will depend on the situation – and, more specifically, whether your safety is at risk, whether you have children and/or whether you intend to fight for the home. Of course, if staying in the home would compromise your safety, move out to protect yourself.
If, however, you have children and/or want the home as part of a divorce settlement, staying in the home is usually preferable. This is because it can affirm your interests in both maintaining a relationship with your children and in maintaining/keeping the home.
Q: Does the court care if my ex cheated?
A: Typically no because Colorado is a no-fault divorce state. That being stated, however, there may be times when infidelity can impact a divorce and/or custody case, such as when an affair led to accumulation of marital debt or when it may compromise the best interests of a child.
If infidelity may be an issue in your marriage/divorce, contact our attorney to find out more about how this issue may affect you and your options moving forward.
Q: Do mothers always have priority in Colorado custody cases?
A: No, this is a common misconception about custody cases. In fact, if the court is brought in to resolve custody disputes (because parents cannot come to an agreement on their own), what is in the child’s best interests – and not the gender of the parent – will be the primary factor the court considers.
For more in-depth information regarding Colorado custody cases and parenting time issues, see these pages (on custody and parenting time). Or simply contact our Denver divorce &child custody lawyer today.
Q: Do I really need a lawyer to help me with a divorce and/or custody case?
A: Yes, you need an attorney if you are serious about protecting your interests and obtaining the best possible outcomes to your case. This is because both divorce and custody cases can become heated and complicated, and having an attorney on your side can be integral to getting you through these cases as favorably and efficiently as possible.
Contact a Denver Divorce & Child Custody Lawyer at Katherine Grier, P.C.
To get more answers about Colorado divorce & custody cases from a seasoned attorney, contact us today by calling (303) 539-5435 or by sending us an email via the contact form on this page. Our Denver divorce & child custody lawyer is ready to help you bring your family legal issues to the best possible resolution.
From our location in Denver, our attorney provides the highest quality representation to those in Denver, Englewood, Centennial, Aurora, Arvada, Westminster, Parker, Castle Rock, Lone Tree, Highlands Ranch, Golden, Brighton, Broomfield, Lakewood and throughout the state of Colorado.