3 common worries before divorce that are unrealistic

On Behalf of | Apr 23, 2021 | Divorce |

Trying to weigh the pros and cons of a big decision can help you be more rational in how you approach your life. Divorce could mean less stress and more freedom, but it could also mean major financial setbacks and interruptions to your most important relationships, like those with your children.

It is reasonable and important to consider the negative consequences of a divorce on your future prospects, but it’s important that you don’t let exaggeration or myths determine what steps you take. If you believe either of the three exaggerated claims listed below, you shouldn’t let such concerns stop you from pursuing a happier future.

  1. Your ex will get to keep the house, meaning you lose everything

Whether you anticipate that your ex will have more parenting time or you simply think they have a stronger claim to the home where you lived as a couple, it’s normal to worry about losing your home as part of a divorce.

Although it is common for the courts to award the home to one spouse, that doesn’t mean the other loses any contribution to the home’s value. Instead, the courts will likely either require the spouse retaining the house to pay the other a certain amount of equity or use the value of the home to justify delegating other property to that spouse. Your home is almost never a winner-take-all decision in divorce.

  1. Your ex will get to keep all of your savings or other property

Unless you have a prenuptial agreement or set uneven terms in an uncontested divorce filing, the courts will split your assets in a just manner. The goal will be a fair outcome that reflects your contributions to the household and the length of the marriage, along with other factors.

  1. If you want a stay-at-home parent, you might not get parenting time

Other than stories of financial ruin, tales of one parent becoming cut off from the children are among the most common and frightening anecdotes shared about divorce. In Colorado, the judge presiding over a divorce with minor children has to decide how to split up parental rights and responsibilities.

They do that by trying to establish what will be in the child’s best interest. While one parent may have more parenting time than the other, it is rare for the court to order sole custody except in cases involving extreme circumstances, like abuse. Even if you haven’t spent much time parenting because your ex stayed home with the kids, you can still request and enjoy shared custody.

Letting go of these fears and educating yourself about divorce in Colorado will help you make beneficial and rational decisions about your future.