A woman sitting on a couth resting her head on her fist. She appears sad and frustrated. A man stands in the background looking out a window

Common Misconceptions About Divorce

Statements You Shouldn’t Believe

While divorce sounds scary, it can do a lot of good for some people. However, too many people are still afraid of moving forward with the process, and part of this fear is due to the many misconceptions about divorce that still float out there.

Read our blog to put some of these misconceptions to rest and to learn the truth.

Messy Courtroom Battles

Many people see dramatizations of divorce on television and immediately think that the same emotional courtroom battles their favorite characters are going through are exactly what will happen to them in their own divorce. However, those dramatizations do not depict the reality of divorce.

While it is true that some divorces are messy and end up in court, the truth is that many couples are able to resolve their divorce issues through negotiated settlement agreements and can therefore avoid the courtroom. How likely this scenario is in your own divorce will, of course, depend on several factors, but a more peaceful resolution to a divorce is certainly possible.

The Role of Infidelity

Cheating on a spouse can certainly give one cause to consider divorce, and they may think that they will receive more assets or more time with their children as a result of their spouse’s unfaithfulness. Courts tend to issue final orders regarding parenting time, child support, spousal maintenance (alimony), property division, debt allocation, and asset division without much regard to any misconduct by either party.

Mothers and Custody

People tend to believe that a child’s mother will always receive custody, and this may cause great dismay to a child’s father. However, there is no statute in Colorado law that dictates that mothers will automatically be given custody of a child.

In child custody cases, the court is to award custody in a manner that will serve a child’s best interests; they are to, in essence, make a decision that will meet a child’s needs. This means that a judge could award child custody to either the child’s mother or father, depending on which parent is more equipped and able to meet the child’s best interests.

Asset Division

One of the parts of the divorce process that can seem frightening to some people is how assets will be divided. Some might fear that they are going to lose what's important to them or that they will lose everything to their spouse.

Colorado divides property on an equitable basis, meaning that property will be divided in a manner that is fair to both parties. While it does not mean the same thing as an equal division, such an even split is common to see in Colorado divorces. In addition, since more divorces are ending in negotiated agreements, it’s likely that you and your spouse can work together to split assets that are important to you in a way that enables you to walk away happy.

DIY Divorce

Some people choose to try and work through their divorce on their own; they may do this in an effort to save money in an already costly process. However, DIY divorce is rather difficult and should not be attempted. It’s likely that you are not an expert in divorce law and may struggle with attempting various parts of the process on your own. In addition, the emotions that you feel during divorce may make trying to do your divorce yourself much more difficult.

Rather than handle your divorce on your own, you should work with an attorney you trust to navigate the process together. At Drexler Law, our team knows how difficult it can be to work through divorce. We are committed to helping our clients throughout each step of the process and using our experience and expertise to provide them with the best path forward.

Learn more about divorce in Colorado or schedule your consultation by calling us at (719) 259-0050 or by visiting our website.