Common Family Law Myths In Colorado Debunked

Common Family Law Myths In Colorado Debunked

Family law is one of the most emotionally charged and widely misunderstood areas of the Colorado legal system. From custody battles to property division, myths and misconceptions often cloud the judgment of those navigating divorce, separation, and or parenting disputes. These misunderstandings can lead to poor decisions, unnecessary conflict, and unrealistic expectations. At K+S Family Law Group, our goal is to break down some of the most persistent falsehoods surrounding family law in Colorado. Whether you’re concerned about losing your home because you moved out, think infidelity guarantees a better settlement, or believe that living together automatically makes you married, we’re here to set the record straight—with clarity, compassion, and legal accuracy. Below is a list of the most common myths that the attorneys at K+S see: 

1. Common Law Marriage Myths in Colorado

• “Living together for X years makes us married.”
  ❌ False. There is no time requirement. Intent and public representation are key.

• “We need a ceremony or license to be married.”
  ❌ Not for common law marriage. 

• “We’re not married unless we say so in writing.”
  ❌ Not necessarily. Courts can infer intent from behavior, even without a written agreement.

• “Common law marriage isn’t real marriage.”
  ❌ Incorrect. Once established, it is legally equivalent to a ceremonial marriage and requires a formal divorce to end.

• “We can just say we’re not married to avoid legal issues.”
  ❌ Not true. Legal obligations apply if a court finds a common law marriage existed.

2. Relocation Myths in Colorado

• “I can move if I have majority parenting time.”
  ❌ Not necessarily. Legal process must be followed, and relocation can be denied if not in the child’s best interests.

• “I don’t need permission if I’m moving within Colorado.”
  ❌ False. Any move that significantly affects the child’s relationship with the other parent may trigger relocation laws.

• “The court always favors the parent with more time.”
  ❌ Not true. The court prioritizes the child’s well-being over parental preferences.

3. Equitable Division Myths

• “Equitable means equal.”
  ❌ Not necessarily. A fair division may result in unequal shares based on circumstances.

• “Only titled property matters.”
  ❌ False. Property acquired during the marriage is likely marital, regardless of title.

• “Debt isn’t divided.”
  ❌ Incorrect. Marital debt is divided just like assets.

• “Separate property stays separate no matter what.”
  ❌ Not always. Commingling separate property with marital assets may convert it to marital property.

4. Marital Residence Myths

• “If I leave, I lose the house.”
  ❌ False. Leaving does not waive your legal interest in the home.

• “Moving out means I abandoned my family.”
  ❌ Not in legal terms. Courts do not punish a spouse for leaving, especially for safety or conflict reduction.

• “I can’t come back once I leave.”
  ❌ Not necessarily. Unless restricted by court order, both spouses retain rights to the home.

5. Marital Fault Myths

• “If my spouse cheated, I’ll get more in the divorce.”
  ❌ Not true. Adultery does not affect property division or spousal support in Colorado, unless marital waste is a factor – think trips with the other person, buying expensive gifts for the other person, etc.

• “I need to prove fault to get custody.”
  ❌ Not necessarily. Custody decisions are based on the child’s best interests, though abuse or neglect may be relevant.

• “The court will punish bad behavior.”
  ❌ Colorado courts focus on fairness and practicality—not punishment.

6. Abandoning Parental Rights Myths

• “If I stop seeing my child, I lose my rights.”
  ❌ Not automatically. Parental rights remain intact unless formally terminated by a court.

• “I can give up my rights to avoid paying child support.”
  ❌ False. Courts will not allow termination solely to escape financial obligations.

• “The other parent can force me to give up my rights.”
  ❌ No. Termination must be approved by a judge and cannot be coerced.