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5 Facts For Dads Going Through A Divorce

As a dad, you may be worried about many aspects of the divorce process. You are not alone in these worries. The entire fathers' rights movement has risen as a response to the perception that the rights of dads are often overlooked in these matters. Like all dads, you want to prioritize the needs of your child, while also making sure you have financial security as you move forward after your divorce. Here is some information that you may find helpful in understanding your rights as a father in divorce based on Colorado family law.

1. There Is Immediate Protection

Do you fear that your wife will spend away marital assets out of spite while the divorce is ongoing? Thankfully, a temporary injunction is automatically issued when divorce is filed in Colorado. This injunction stops both spouses from wasting marital assets, disturbing the other spouse, removing the child from the state or cancelling insurance coverage. An additional domestic violence protection order can also be obtained in the event of threats or abuse.

2. The Mother Is Not Guaranteed Child Custody

One of the most persistent myths is that mothers have an advantage in child custody cases. In reality, the only party favored by Colorado law in child custody cases is the child. Every step that is taken should be in the child's best interest. More often than not, that will mean that both parents will remain involved in the child's life. Fathers frequently are awarded just as much time with the children as mothers, as 50/50 parenting time is favored more and more in Colorado courts.

3. You Could Get Less Than 50 Percent Of The Marital Property (Or More)

Did you work while your wife stayed at home and raised the children? This is an example of a factor that might lead to you getting less than half of the marital property. Colorado is an equitable property division state, meaning marital property is to be divided in a manner that is fair, but not necessarily equal. Many situations call for a 50-50 division of property, but there are instances when the balance could shift against you or in your favor. Perhaps you were the parent who stayed home to raise the kids. In that case, you may be able to get a larger portion. The law does not favor wives over husbands.

4. You Could Pay Alimony, But It Is Rarely Permanent

The term for alimony in Colorado is spousal maintenance. When a divorce is in progress, temporary spousal maintenance may be ordered. It may also be awarded to continue for a limited time after the divorce. It is rare for payments to continue on a more permanent basis. Spousal support is based on a variety of factors, such as the length of the marriage, and it is typically seen as a temporary form of assistance paid to one spouse while that spouse seeks employment. While wives are traditionally the recipient of spousal support, it is possible for husbands to get it as well, if the situation calls for it.

5. Child Support Is Determined By A Formula

Child support is no mystery in Colorado. There is a formula. It takes into account a few financial factors, including the income of the father and mother, daycare expenses and medical insurance expenses, combined with the time each parent cares for the children. It is not intended to be paid by fathers by design. Both parents are to contribute financially to raising the child. Child support is not the right of either parent. It is the right of the child. Fair child support payments require that the number used in the calculation are accurate.

Get Help From An Experienced Attorney

A lawyer who is experienced and knowledgeable in Colorado family law can educate you about the law and how it relates to fathers in divorce. Your attorney can protect your rights as a father through every step of the divorce process, working to ensure you can continue to spend quality time with your child and to position you for financial well-being.

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Scardina Law

Scardina Law
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Denver, CO 80218

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