January often sees a spike in divorce filings for a variety of reasons. The holidays are over, a new year is beginning and people often take time to reevaluate their lives and priorities. Sometimes, this results in divorce. If you are one of these people, you probably have a lot of uncertainty about the future. You’re wondering what might go wrong during the divorce and how that will affect your life. While every case is different, the three biggest issues in most divorces are:
- What do we do with all our stuff? If you’ve been married for any length of time, you probably have a lot of shared property and joint bank accounts. Who gets to keep what? Where does the debt go? In Colorado, property is divided equitably ”“ not necessarily equally ”“ in divorce. This means that property gained during marriage will be split in a manner that a judge finds to be most appropriate for a couple’s circumstances. It’s a give and take ”“ one person might get more money in the divorce settlement, but the other keeps the house. Your divorce attorney can help you come up with an agreeable property split for you and your soon-to-be ex.
- How am I going to stay afloat financially after the divorce? This is an especially frustrating question for spouses who stay at home to take care of the kids or who make substantially less money than their spouse. There are ways to help those who would struggle financially after a divorce, such as spousal maintenance (you’ve probably heard it called alimony) and child support. It is up to the courts to award spousal maintenance and will be done based on the needs of the spouse requesting maintenance and the ability to pay for the paying spouse. Child support will be established pursuant to a worksheet that takes into consideration things such as each party’s gross monthly income, the number of children and the number of overnights each party has with the children.
- How do we figure out what to do with the kids? This is one of the biggest decisions that needs to be made in a divorce. No parent wants to be away from their children, but divorce makes it necessary sometimes. The courts decide custody disputes based on the best interests of the child, so it is best to work in an amicable fashion with your ex to come up with an arrangement that is suitable for all parties involved. If this is impossible, your attorney can be invaluable in helping you come up with a solid parenting plan.
We know divorce is hard ”“ we’ve been there and we see it every day. Our Denver divorce law firm is ready to offer you our support during this trying time.
