Divorce Matters Attorney David Kalisek on Channel 7!

Divorce Matters attorney David Kalisek sits down with Mile High Living to discuss parenting time during the holidays and how hiring an attorney can actually save you money in the long run.

Colorado- A No Fault Divorce State

Colorado is a “no fault” divorce state. What does that mean?

In the past, obtaining a divorce was more difficult than it is today. You had to show grounds for why a divorce should be granted and the marriage contract dissolved. These grounds, or justification for the divorce, included abandonment, abuse, and neglect.

Then Colorado became a “no fault” divorce state. This means you no longer need a reason for a divorce – a couple may get divorced for any reason at virtually any time. For legal purposes, it is enough that at least one spouse considers the marriage “irretrievably broken,” meaning there is no chance of reconciliation. 

Like the name suggests, in a “no fault” divorce, a divorce court will not assign fault or blame to either party. The divorce does not need to be justified to the court and neither party’s behavior can be used against them as the “at fault” party.

Because no one is legally “at fault,” a court won’t consider either party’s behavior or fault in the division of assets and other financial matters, such as alimony. In fact, a judge generally won’t even allow a party to present evidence of the other’s behavior, because it simply isn’t relevant. The parties aren’t trying to convince the judge to grant them a divorce; rather, the judge is dealing with issues such as the dissolution of property, splitting financial assets, and determining child custody. In other words, from a legal perspective, the judge is concerned with the effect of a divorce, not the cause. 

However, there are exceptions where evidence of a party’s behavior may be relevant to the divorce proceedings. One exception is where a party’s behavior directly impacts the couple’s children. In that case, a divorce court may take the behavior into account in determining parenting time in order to protect the children.

Another situation where behavior may be relevant to the divorce proceedings is in the case of economic fault. Economic fault is where one party wastes assets or incurs debt in anticipation of the couple’s divorce, thereby reducing the value of the joint marital estate. This exception is quite rare and must be carefully presented to the court.

Generally, a “no fault” divorce results in quicker, more streamlined divorce proceedings than the old “at fault” model. It is considered more equitable and fairer to the parties.

If you think you may need to talk to an attorney about your situation, you can visit our website and contact us here , or you can call us at 720-542-6142.

How To Give Your Child Emotional Support Through Divorce

If you are facing divorce or perhaps already going through it, then you know that no matter what happens it will be something that affects your children. This is perfectly normal and there is a natural grieving process that they will go through as they deal with their emotions around your separation. There are ways you can help make sure that your children have the support they need during this time.

The first is to make sure that they know you are there if they need to talk about it. The urge to keep it hush-hush can be strong if you feel like avoiding the topic would be less painful for them. However, letting them know you are available to talk to about it without forcing them to gives them the space they need to process their emotions and feel safe enough to approach you if they have questions or need to share something.

One of the best things you can do for your kids is to try and work out an amicable and conflict free co-parenting plan. Of course, this isn’t always an option depending on the individual situation but if you can work to settle your differences with your ex-spouse for the sake of your kids it will go a really long way in helping them deal with their emotions about the divorce.

Finally, don’t be afraid to get yourself and/or your child professional help if either of you find that you continue to struggle with the divorce in a manner that seems unhealthy. Talking to a counselor or therapist is a great way to learn the tools needed to cope with the stress associated with divorce.

This newsletter is for informational purposes only. Nothing in this newsletter should be taken as legal advice and receiving this newsletter does not constitute an attorney client relationship.