THE SHIFT TO NO-FAULT DIVORCE
The 1970s marked a pivotal moment in family law with the introduction of the Uniform Dissolution of Marriage Act (UDMA), a groundbreaking legislation that set the foundation for no-fault divorce across the United States. The UDMA fundamentally changed the landscape of divorce, shifting away from the traditional, fault-based system to a more equitable approach.
Before the UDMA, divorce proceedings were often mired in unnecessary conflict, requiring one party to prove the other’s fault, such as adultery, abuse, or abandonment. The UDMA eliminated this requirement, allowing for divorce without placing significant blame on either spouse, not only simplifying the divorce process but also reducing the emotional toll on separating couples.
EQUITABLE DIVISION OF PROPERTY AND ASSETS
A cornerstone of the UDMA is its focus on the fair distribution marital assets. In the pre-UDMA era, spouses who forewent their careers to support the family often faced financial insecurity post-divorce. The UDMA addressed this imbalance by ensuring an equitable division of property acquired during the marriage. This change was particularly impactful for homemakers, recognizing their significant contributions to the martial partnership and the parties’ home and children.
PROCEDURE FOR DIVIDING MARITAL PROPERTY
Under the UDMA, couples undergoing divorce must undertake several steps to equitably divide their assets:
- List all marital properties and assets,
- Distinguish between marital and separate property,
- Assess the value of the property, factoring in each party’s individual contributions,
- Evaluate the value of the assets, and
- Decide on the appropriate division of property and assets.
It is important to note that equitable does not necessarily mean equal. The Courts aim for an equitable, or fair distribution based on several factors, and the Court’s findings may not always result in a 50/50 split.
IMPACT ON CHILD SUPPORT AND CUSTODY
The UDMA also revolutionized the approach to child support and custody in divorce proceedings. While outcomes tend to depend upon a Court’s consideration of the totality of the circumstances, in a no-fault divorce context, responsibilities for child support and custody are more likely to be shared fairly as well. For instance, in Colorado, the parent with less parenting time is generally responsible for a greater amount of child support, recognizing the financial responsibilities inherent in raising a child.
EXEMPLARY LEGAL GUIDANCE AT THE HARRIS LAW FIRM
At the Harris Law Firm, our team of Colorado divorce attorneys have in-depth knowledge and experience with the Uniform Dissolution of Marriage Act. If you are navigating the complexities of divorce, our team is here to guide you through every step of the way. Contact us for a consultation to review your case and explore how we can support you during this challenging time.