Men's Rights & Mother's Rights
I am amazed how many myths still remain alive in the world of Family or Marital Law in Colorado. Some attorneys attempt to capitalize on these myths and I think that is unfortunate because it does not properly represent the view of the Colorado domestic court judges. In the “old days” if a woman wanted to get divorced then she would have to persuade the court that she should be permitted to do so. If a man wanted to get divorced he did not have to get the court’s permission; it was understood that if “HE” determined “HE” should get a divorce then of course, “HE” should be entitled to do so. In the “old days” the idea of same-sex marriage was unheard of and discussion ended before it could begin. Today times are very different. Colorado is a no-fault state and this means that if one spouse or partner wants to end their relationship then a divorce or legal separation will result even if the other spouse or partner is adamantly opposed. Colorado has Partners in Civil Union for same sex couples and partners who choose to end their relationship must move through a divorce or legal separation to do so. The Colorado court judges neither favor men over women nor do they favor women over men. The idea that a man needs to hire a “father’s rights” attorney in order to be protected in the Colorado courts is not true and unfounded. The Colorado court judges make every effort to understand the circumstances of the parties and act honestly and fairly. Colorado is not a Community Property state – it is an Equitable Division state and this is very important to understand. California, for example, is a Community Property state. In a California divorce or legal separation, every debt and every asset is divided fifty-fifty regardless of the circumstances of the parties. In Colorado, an Equitable Division state, the court judges and magistrates will listen to “equitable arguments”, usually made by attorneys but can also be made by either of the respective parties if not represented by counsel. The purpose of an equitable argument, simply put, is to identify and explain circumstances to the judge in order to persuade the judge that certain debts and/or assets should not be divided on a fifty-fifty basis. This fact also points to the degree to attention Colorado judges and magistrates give to listening to the explanations and these judges and magistrates try very hard to rule fairly. There are always exceptions and we have all heard the horror stories of divorce court but I can assure that after practicing Family Law for over 42 years, the horror stories are far and few between. Legally separating or divorcing is stressful enough without adding unfounded myths to the experience. If you have specific questions regarding your specific situation, I will be happy to privately and confidentially discuss your concerns with you. Do not hesitate to call.