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Men’s Rights During a Divorce

Men’s Rights During a Divorce

I am a man and getting divorced, what rights do I have?

Many men are clueless as to the rights and obligations that they have in a divorce.
Many think that they will get taken to the cleaners like all of their friends, and simply
have to accept the terms that the wife offers. This is a common misconception and
simply is not true. Men have all of the rights that women have including the right to
custody and visitation of their children, a fair distribution of assets, fair distribution of
all debts, maintenance and child support.

The problem lies in the factual reality that most men are the primary breadwinners,
and most women have been the primary caretakers of the children. Under the law,
the spouse who is financially dependent and unable to independently take care of his
or her financial needs, will have at least a claim to temporary maintenance. Debts are
often split in proportion to the party’s gross Incomes.

Similarly, because most women have been the primary caretakers of the children
regardless of whether or not they have been stay at home mothers, in applying the
best interest standard to custody issues, the children will most likely remain with the
primary caretaker.

If the roles happen to be reversed, it is not uncommon for the man to remain the
primary caretaker of the children and to seek maintenance from the wife. Each
situation is different and is factually driven. In “traditional” families, the trend in
divorce cases has been for the man to receive substantial parenting time and get joint
decision making of the children. The trend has been away from granting the wife
permanent maintenance unless there are unusual circumstances such as a marriage of
long duration, an uneducated wife who is a low wage earner as contrasted with a high
wage earning husband, or a party who is permanently physically or mentally disabled.
and unable to support themselves.

Length of Alimony (Maintenance) Payments

Length of Alimony (Maintenance) Payments

Will I have to pay my wife maintenance (alimony) if we divorce, and for how long?

Maintenance, formerly called alimony is a minefield and is an area where nice guys
can finish last. Maintenance is based on an ex-wife’s needs vs. the ex husband’s ability
to pay. The law states that she has a right to be supported in the life style to which she
had become accustomed.

Allocation of Parental Responsibility in a Divorce

Allocation of Parental Responsibility in a Divorce

If I get divorced, can she take my kids?

No. The woman will never be able to take the kids. The issue is parenting time,
decision making, and with whom the children will primarily reside. Colorado is a very
progressive state. The courts are recognizing that men play an extremely important
role in their children’s lives. Although more often than not, women are usually
awarded the primary care of the children, men are gaining significant ground and are
getting substantial amounts of parenting time (40-50% of time). Courts also have a
preference for joint decision-making. This means that the parties together make major
decisions concerning the health, education, and religious issues regarding the
children.

Divorce and Division of Property

Divorce and Division of Property

Can I afford to get divorced? Am I going to lose everything?

The answer depends on numerous factors. Colorado is an equitable division state.
This means that not everything is automatically divided equally. The Courts will
award each of you your separate property, which is property that you had prior to
marriage, property that you inherited, or property that you received as a gift. The
Courts must divide all marital property equitably. Marital property includes
everything that you purchased as a married couple, regardless of how it is titled or
who paid for it. It also includes any appreciation in property that you owned prior to
the marriage, and property that you inherited or received as a gift. This will
usually take the form of real estate, or investments such as stocks, bonds, certificates of deposits, money market accounts, IRAs, pension plans, insurance, and the like.

Unless you entered into a prenuptial or post-nuptial agreement protecting your
property from being considered marital and subject to division in the event of a
divorce, essentially everything is up for grabs.
The court will consider equitable factors including length of the marriage, relative
incomes of the parties, and how each person contributed to the marriage.
The longer you have been married, the closer to a 50/50 split the court will make.

Courts usually consider a marriage of at least 10 years in duration to be a longterm
marriage, and the 50/50 rule is likely to apply.
Although it is unlikely that a person will lose everything in a divorce, they may lose
things, which are very valuable to them, and it is not uncommon to see an award
where the lesser wage-earning spouse receives more in property and less in debt than
the higher wage-earning spouse. It is common for courts to obligate debt to each
spouse in proportion to their gross earnings. So, if the husband earns for example,
70% of the combined gross income, he most likely will end up with 70% of the debt
unless some of the debt was clearly for the wife’s personal use.

Common Law Marriage Qualifications

Common Law Marriage Qualifications

If we live together, are we common law married?

Many people are under the misconception that if they live together for a certain period of time, they are common law married. That is definitely not the case in Colorado. The courts apply a subjective test and look at several factors to determine whether or not the couple “holds themselves out” as a married couple.

Some of the factors the Courts consider consist of the following:
1. Does the couple introduce themselves as husband and wife?
2. Does the woman use the man’s last name?
3. Does the couple file joint income tax returns?
4. Does the couple have joint bank accounts?
5. Is the couple listed as married on health insurance policies?
6. Is the couple listed as married for car insurance purposes?
7. Do they name each other as spousal beneficiaries for life insurance
purposes?
8. Do their family, friends and co-workers consider them husband and wife?