Can you afford to stay in Denver with the kids after a divorce?

On Behalf of | Oct 9, 2020 | Family Law |

In recent years, Colorado has seen a massive influx of new residents that has drastically impacted the cost of living and housing across the state. Denver is one of the markets most significantly impacted by this wave of new Colorado residents.

Whether you have lived in Denver all of your life or moved here with your family, you have likely noticed that housing prices have continued to climb in recent years. It could take a considerable amount of your joint income for you and your ex to maintain a residence in Denver.

What happens if you get divorced and feel like you can no longer afford the cost of housing in the Denver area?

If you have substantial parenting time, you can’t just move with the kids

When the Colorado courts split up parental rights and responsibilities in a divorce, they often give both parents time with the kids. Still, one parent may have more parenting time and their home it may be the primary residence for the children.

If that description applies to you and your family circumstances after divorce, moving far enough out of Denver to avoid the inflated housing prices in the city will likely require a modification of your custody order. It is common for the courts to limit how far a parent can move with the children, especially if it will have an impact on the other parent’s time with or access to the children.


What does the modification process involve?

If you need to request a modification for relocation purposes, you will need to show the courts that your request aligns with the best interests of the children. For example, if you want to move to a location where they will be closer to their extended family or where you will have a better job opportunity and can earn a higher income, that could justify the request for the move.

Typically, you will need to notify the court and your ex in writing in order to allow your ex a chance to respond to the modification request and for the courts to schedule a hearing if there is a disagreement.

Proving the necessity of a relocation request can be a difficult prospect, which is why you may want to consult with a family law attorney before you ever attempt to initiate the process. If successful, however, you and your children can move out of cost-prohibitive area to a place where you will have a better standard of living or at least more support and opportunities available to you.