Understanding Common Misconceptions in Family Law Cases

The Primary Parent Argument

"I've always been the primary parent, and I've made all the decisions so far, so I should have sole parenting time and decision-making!"

First, the basis of this argument may indeed be true: you may have been the primary parent and decision-maker. However, you would be surprised how many couples do not agree on who was the primary parent during the relationship.

After a divorce, things change. The primary parent needs to loosen the reins a bit, while the non-primary parent must step up. If neither can do that, there are many tools available for couples to resolve issues in the future. Parents can modify their parenting plans as needed.

The Financial Contribution Argument

"I've always provided for the family, so I should get a greater share of the marital estate!"

This argument often mirrors the first statement. If one parent has been a stay-at-home parent, they may feel a strong sense of ownership over the marital estate.

However, this is not how courts view the situation. Financial contributions to the marriage are a factor in dividing the estate, but as marriages lengthen, it becomes more challenging to separate individual decisions from those made within the relationship. Therefore, you should not expect a "dollar in / dollar out" division of the marital estate.

The No-Fault Divorce Argument

"My soon-to-be ex wants the divorce, but I don't, so I should get more for that / I shouldn't have to pay fees as a result."

This argument feels reasonable at first glance. Why should someone who is resisting a divorce—especially if they are fighting for a relationship—have to give up so much?

The answer lies in the fact that Colorado is a no-fault state. Either party has the right to end the marriage. Even if one person wishes it were not the case, opposing the divorce does not entitle you to more from the estate.

The Family Caregiver Argument

"My ex relies on family to take care of the kids, so they should be with me more."

Yes, parenting time ensures that children spend time with each parent. However, that is not its sole purpose. There is no expectation that children only spend time with one parent. Couples who are together regularly make decisions about seeing family and friends. It is beneficial for children to have a wide circle of safe adults who care for them.

After a divorce, it's normal for parents to need more help. Unless there are specific safety concerns regarding a family caregiver, you are unlikely to increase your parenting time or limit the children's time with family due to conflicts with extended family.

The Child Support Argument

"We have equal parenting time, so I shouldn't need to pay child support."

This argument does not align with how child support is calculated in Colorado. While it may seem intuitive, it contradicts the principles of child support in the state and holds no weight in a courtroom.

Seeking Legal Guidance

If you have questions about a Colorado divorce, custody, or family law case, it's crucial to contact a lawyer who can help you make the best arguments available.

Conclusion

Navigating family law can be complex. Understanding common misconceptions can help you prepare for your case. Remember, the legal system often operates differently than our intuitive beliefs. By seeking guidance and being aware of these arguments, you can approach your situation more effectively.

If you find yourself in need of legal support, don't hesitate to reach out. The Law Office of Joel M Pratt is here to provide thoughtful and efficient legal assistance to achieve favorable outcomes in your family law matters.