Sadly, domestic violence is a widespread problem across many corners of our country, Colorado included. And while Colorado may be a “no-fault” state regarding divorce, many couples looking to get a divorce may have once been subject to abuse, or perhaps the children were subjected to abuse. In any event, domestic violence can certainly affect Colorado divorce proceedings in various different ways. Speak with your attorney openly and honestly to understand how best to protect yourself and your children as you look to free yourself from your abusive marriage.
If Colorado is a No-Fault State, Why May Domestic Violence Be a Factor in My Divorce?
Here are a few ways that domestic violence may impact a Colorado divorce, including:
Domestic violence can impact child custody decisions – If minor children are involved in a divorce, and one parent has a history of domestic violence, this can influence custody decisions. The court will always prioritize the best interests of the child. Accordingly, if a parent has a history of domestic violence, this will certainly be taken into account when determining custody and visitation arrangements.
Domestic violence may impact spousal support decisions – In Colorado, spousal support, also known as alimony, may be awarded to one spouse if the other spouse has a higher earning capacity. However, if a spouse has a history of domestic violence, this may impact spousal support decisions. This is especially true in cases where the abused spouse was financially dependent on the abuser. In these cases, the court may award the abused spouse higher alimony to help the abused spouse maintain financial stability once the divorce has been finalized.
Domestic violence may impact property division decisions – In Colorado, property division is based on the principle of equitable distribution. This means that property and assets are divided in a fair but not exactly equal way. However, suppose a spouse has a history of domestic violence, particularly in cases where the abusive spouse prevented the abused spouse from getting a job. In that case, the court will likely consider this when dividing marital assets.
Domestic violence may impact the divorce process – If there is a history of domestic violence, the process of divorce may be affected, as a protective order may be issued to protect the abused spouse from their abusive spouse.
Contact a Denver Divorce Attorney
If you have been subjected to domestic violence abuse, you deserve to be heard and freed from this terrible situation. Contact a Douglas County divorce lawyer with Pesch Law Office PC for legal guidance. Call for a private consultation.