The short answer: divorce is a legal process so seek legal counsel.
No one thinks twice about going to a doctor for a medical procedure but asking for legal advice with a legal matter is somehow taboo.
Divorce agreements can cover a wide range of financial and parenting issues. The agreements usually have confusing legal jargon that you may not fully understand the consequences or implications of certain agreements.
Colorado is a no-fault state meaning you do not have to prove fault (i.e. an affair) to get a divorce. However, Colorado does recognize economic fault so if that alleged affair has credit card charges for hotel rooms (that both spouses didn’t get to enjoy at the same time) then those expenses should be excluded when dividing up property and given to the party who did receive the benefit as his/her separate debt.
Colorado is also an equitable state, meaning the marital estate (assets and debts) is divided fairly, and fair does not always mean equal. Sometimes, “fair” is an unequal division, and a family law attorney will help you to assess those situations.
Colorado’s standard for parenting is what is in the child’s best interests. “Full custody” is no longer a valid term. Although the Court wishes to maximize each parent’s time with the child, there are circumstances when an equal parenting schedule or joint decision-making is not in the child’s best interests. A family law attorney will help you to assess those situations.
Divorce is a difficult process because you are expected to make sound decisions, that may have potentially long-term consequences to your financial stability and/or personal life when emotions are high. And if there are power and control dynamics in the marriage then there is even more potential of an unfair agreement.
Consulting with a family law attorney before finalizing/signing any divorce agreement (property, parenting, and/or support) is not just advisable—it's essential. Your agreement should protect your rights and align with the law for a fair and enforceable agreement. Divorce is a significant life event, but it is not an unrecoverable event, and a family law attorney can help with that transition.
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