Common Confusions About Domestic Relations Proceedings

There are quite a few misunderstood aspects of family law caused by confusion or incorrectly preconceived notions, and sometimes this can lead to missteps. Whenever you have a legal issue you need help with, it’s always best to present your questions or concerns to your attorney for sound, individualized counsel.

In the meantime, we’ve provided some clarification to answer some of the most frequently misinterpreted issues our domestic relations clients ask about.

1. Everything Under My Name Is Mine, Right?

Dividing assets can be one of the trickiest things about a divorce, especially because most of your possessions and properties won’t have clear labels that designate “mine” and “yours.” Even if something is under your name, like your 401K, if it was created during your marriage, it is marital property and susceptible to division.

2. Divorce Splits Everything Evenly Between Spouses

While Colorado is an equitable distribution state, that doesn’t necessarily mean everything will be split down the middle. Circumstance of the divorce may play a factor, and not everything may work out exactly equally. While the courts will try to be as fair as possible, there is no absolute guarantee.

3. Child Support Is a Payment One Parent Owes the Other

Spousal support is the payment from one spouse to another — however, child support is a payment for the expenses of the child, and nothing more. The finances provided should be directly for the benefit of the child, and is the right of the child — not the parent with primary custody.

For additional clarification concerning any of these common misconceptions, or to ask about something we haven’t listed here, contact our family law attorneys. Whether you need help with divorce, adoption, child custody, alimony, or another domestic relations issue, Hinds and Hinds Family Law, P.C. can help.