Getting a divorce can be a time of great uncertainty for all parties involved, but it can be especially stressful for women, who may believe that they have a disadvantage in court proceedings. However, Colorado law strives to treat men and women equally in matters such as divorce, and having experienced legal representation on your side can help you protect your rights.
Here is a brief overview of women’s rights in some of the most pressing aspects of a Colorado divorce.
Property division
Colorado is considered an equitable distribution state, which means that each spouse will be given a fair share of the marital property in the divorce. It is important to keep in mind, however, that this does mean that property is divided using a clear-cut 50/50 split. Instead, the marital property, which encompasses all assets and debts that were acquired during the union, will be subject to equitable distribution.1
The Colorado courts will consider several factors in making this division, including each spouse’s contribution to the marriage and their ability to support themselves financially in their post-divorce life. This determination can also be made by the spouses themselves, either on their own or via mediation under the guidance of lawyers to ensure the agreement is favorable to all parties involved.
Although men and women are granted the same rights in many family law matters in Colorado, women still face unique challenges. For example, for women who are not the primary earner in the marriage, there might be a power imbalance. Women whose spouses handle the family’s finances may be unaware of their assets and overall financial situation, which can make it challenging to ensure they receive the support they are entitled to.
What if a spouse hides assets during the discovery process?
Colorado law specifies that all spouses must report all of their assets, income, expenses, and debts and attest to the truth of their filing. However, spouses sometimes try to hide assets in divorce, such as by passing property to others for safekeeping, overstating expenses, and undervaluing big-ticket items.
If you suspect that your spouse is hiding assets from you, there are several ways of uncovering them. Your attorney can work with forensic accountants to find hidden assets and present them to the courts to ensure a fairer outcome. If hidden assets are discovered, the court could assign you greater benefits and your spouse could face legal consequences.
Child custody
Known in Colorado as “allocation of parental responsibilities”, child custody can be a contentious issue, and it’s natural for mothers to be worried about how much time they will be able to spend with their children after getting divorced.
In Colorado, women who can demonstrate to the court their willingness and ability to put the best interests of their children first often enjoy a favorable outcome. The court is required to apply the standard of the “best interests of the child” in custody determinations, so if your children’s father has not had a strong presence in their life, it can be helpful to have a lawyer on your side who is able to effectively demonstrate why your proposed schedule serves your children best and one who is not afraid to refuse a deal that is not in your children’s best interests.
What about stay-at-home mothers?
If you have been out of the workforce while raising your children, you might be nervous about the future. You likely gave up career opportunities to focus on raising your children and maintaining your home, and you may have supported your spouse’s career to the detriment of your own. Without recent job experience, you may worry about how you will support yourself and your children.
A family law attorney can help you defend your rights while ensuring your children’s best interests are given top priority, but some women who are out of the workforce might worry about paying legal fees. In many cases, these fees can be included in the final divorce settlement.
As a stay-at-home mother, you will not be given primary custody of your children automatically as the courts consider time with both parents to be in the children’s best interests in many cases. However, family court judges will take your history as the primary caregiver into consideration when they divide parenting time. The court will also consider the children’s wishes in cases where they are mature enough to express their preferences.2
Compassionate guidance in family law matters
Even the most straightforward divorces can encounter unexpected road bumps. At Lewis & Matthews, P.C., our experienced and compassionate lawyers can guide you through this difficult process, making sure you understand your rights and supporting you in achieving a prompt and favorable resolution. Contact us today to discuss your case and learn more about your rights. We’re here to make a difficult time easier with support, guidance, and expertise you can rely on.
