At Ascent Legal Group, our Centennial family lawyers are committed to guiding you through life’s most challenging moments with compassion, clarity, and strong legal support. Whether you’re facing divorce, child custody issues, or need help with support agreements, our experienced team is here to protect your rights and prioritize what matters most—your family. We’re proud to serve the Centennial community with trusted, personalized representation every step of the way.
We understand that our clients are under tremendous emotional strain when going through a child custody, child support, or divorce case. We offer high-quality, compassionate legal services for clients in and around Centennial. Contact our law offices today to schedule a free 30-minute consultation with a Centennial family law attorney.
Family Law Cases We Handle
Divorce
In Colorado, divorce is referred to as a dissolution of marriage. All divorce in Colorado is no-fault, which means that a court won’t consider evidence of wrongdoing (such as infidelity) in issuing a divorce decree. Instead, divorce is granted on the basis that the marriage is “irretrievably broken” (aka irreconcilable differences).
To get divorced in Colorado, you will first need to prove that you are a resident of the state. Generally, this means that either you or your soon-to-be ex have lived in the state for at least 91 days before filing for divorce. If you have minor children together, then your kids must have lived in Colorado for at least 182 days before you file for divorce. The purpose of these rules is to prevent forum shopping, or going to a state that a person believes to have “better” divorce laws.
The Colorado divorce process can take as little as 92 days if both parties agree to the divorce (known as an uncontested divorce). It starts with one spouse filing a petition for dissolution of marriage in the district court of the county where you reside. After being served, the responding spouse has 21 days to file an answer (35 if they’re located outside of Colorado). Couples can avoid the need to serve papers by signing as co-petitioners if the divorce is amicable.
From there, an initial status conference is set. After the initial status conference, either spouse may seek temporary child custody and/or a spousal support order.
For both contested and uncontested divorces, each spouse must submit a financial disclosure before the initial status conference. These forms require each spouse to list their income, assets, expenses, and debts, which is then used to determine the division of property and any spousal maintenance awards. Even if both parties agree to the terms of their divorce, they are still required by Colorado law to complete and file these disclosures.
When it comes to property division, Colorado is not a community property state. Instead, assets and liabilities are divided equitably – which doesn’t necessarily mean 50-50. If a judge divides assets, they will evaluate different factors, such as each spouse’s contributions to the marriage and their earning capacity, before making an equitable division of property. If one spouse requires spousal support (alimony), a judge may also award it during divorce proceedings.
In some circumstances, a divorcing couple can come to an agreement on the terms of their divorce. This agreement must include all issues that would be addressed in a divorce trial: child custody, child support, property division, and/or alimony. If the agreement is fair to both parties, then the judge may approve it and issue a divorce decree.
Coming to an agreement is often a far less expensive and less stressful way to get divorced. It isn’t always possible, however, particularly in high-conflict divorces or a divorce involving any type of abuse. Our Centennial family lawyers can help you determine if negotiating a settlement agreement makes sense based on the unique facts of your case and can help you put together an agreement that protects your interests.
If you can’t come to an agreement through direct settlement or mediation, then your divorce will be decided by a judge after a trial. When the trial is concluded, the judge will issue a divorce decree. There is a mandatory 91-day waiting period between filing and the finalization of a divorce, although if your case goes to trial, it will likely take a year or longer to resolve.
Few people expect to get divorced when they are saying “I do.” Yet marriages break down for any number of reasons, and the best option for both spouses and the kids is often to end an unhappy marriage. If you are considering a divorce, our Centennial family attorneys can guide you through the process – whether you are seeking a contested or uncontested divorce.
Modifying Spousal Maintenance
Spousal maintenance – often referred to as alimony – may be awarded in cases where one spouse requires financial support and the other spouse is in a position to pay it. Either spouse may be able to have a spousal maintenance order modified or terminated if there has been a substantial and continuing change in circumstances. For example, if the spouse paying support suffers a catastrophic injury and is unable to work as a result, then the support order may be reduced or terminated.
Under Colorado law, spousal maintenance can be modified if:
- There has been a substantial and continuing change in circumstances (such as a significant change in income, long-term job loss, disability, or the remarriage of the receiving spouse).
- The original maintenance order allows for modification (some agreements explicitly state that maintenance is contractual and non-modifiable).
- The modification request is filed before the maintenance term expires (once maintenance ends, it generally cannot be reinstated).
A court may grant a modification of maintenance because of:
- A significant increase or decrease in either party’s income (e.g., long-term job loss, promotion, or retirement).
- A severe illness or disability affecting either spouse’s ability to work.
- The remarriage of the receiving spouse, including a common-law marriage (maintenance may be terminated in such cases).
- A substantial change in financial obligations (e.g., medical expenses, cost of living adjustments).
In some cases, spousal maintenance may be terminated if:
- The receiving spouse remarries or enters into a supportive cohabiting relationship.
- The paying spouse retires in good faith and experiences a significant income reduction.
- The receiving spouse becomes financially independent and no longer requires support.
Requests to modify or terminate alimony can be challenging, with both parties hotly contesting the issue. Our experienced Centennial family lawyers can advise you on the likelihood of success for a spousal maintenance order. We will then work to protect your interests throughout the legal process.
Modifying Parenting Time/Child Custody
In Colorado, child custody is known as parental responsibilities. It includes two separate components:
- Decision-making authority (legal custody) is a parent’s right to make decisions about important matters in a child’s life, such as healthcare, religion, and education. It is usually shared but may be awarded to one parent in some circumstances. For example, if one parent is strongly opposed to childhood vaccinations and the other parent is strongly in favor of vaccinations, then the court may give one parent the authority to make decisions related to healthcare (including vaccines).
- Parenting time, or physical custody, is the time that each parent spends with their child. When both parents have a roughly equal number of overnight visits with their kids, they have joint parental responsibilities. If one parent has fewer than 90 overnights, then they are the noncustodial parent.
Decisions related to parenting responsibilities in Colorado will always be made in the best interests of the child. If the parents cannot come to an agreement on their own, then a court will decide custody based on:
- The parents’ wishes;
- The child’s preference (if they are old enough to express a “reasoned and independent” opinion);
- The child’s interaction and interrelationship with parents, siblings, and anyone else who may significantly affect the child’s best interests;
- The child’s adjustment to home, school, and community;
- The mental and physical health of all individuals involved;
Each parent’s ability to encourage the child’s relationship with the other parent
- whether the parents’ past pattern of involvement with the child reflects their time commitment, mutual support, and a value system;
- How close the parents live to each other, and the effect on parenting time;
- Both parents’ ability to place the child’s needs ahead of their own; and
- Any information provided to the court about domestic violence in the family.
Many parents are reluctant to leave child custody decisions up to the court and would prefer to make a parenting plan on their own. Our Centennial family lawyers can help you negotiate an agreement with your ex that will be approved by the court. Keep in mind that informal custody agreements can be a problem in the future if something changes or if you and your ex are no longer able to co-parent peacefully. For this reason, it is generally advisable to develop a formal plan for court approval.
Once a custody order is in place, it can only be modified if there has been a change in circumstances and if the modification is in the best interests of the child. For example, if one parent develops a substance use disorder and isn’t making safe parenting choices because of their drug and/or alcohol abuse, then you might seek to modify your parenting responsibilities agreement or order. A parent can seek to modify a custody order once every 2 years.
Even in the best of circumstances, child custody cases can be difficult. Few parents ever want to give up time with their children or figure out how to co-parent with a person after a breakup.. Our Centennial family law attorneys will work with you to explain your rights and what may be possible based on your situation and Colorado law. When possible, we will negotiate a parenting plan that protects your parental rights. If necessary, we will take your custody case to court to protect both your and your child’s best interests.
Modifying Child Support in Colorado
In Colorado, child support is based on a specific formula known as “income shares.” Both parents have a legal obligation to provide basic financial support to their children. With the income shares method, the child should receive the same amount of financial support as they would have if their parents were together.
Generally, the noncustodial parent will pay child support to the custodial parent. However, there may be exceptions to this rule based on Colorado’s child support guidelines. These rules use several factors to determine child support:
- The gross income of both parents (including salary, wages and tips, commissions, bonuses, overtime pay, Social Security benefits, trust income, and unemployment benefits);
- Any income the child might have;
- How many overnights the child spends with each parent;
- Expenses such as health insurance and daycare; and
- Other child support orders, financial support given to children the parent has with another partner, and any alimony that might be due or received.
After each parent’s income is determined, then a judge will use a chart to determine the parents’ combined basic child support obligation. This number can be changed if there are unusual needs or expenses, such as in a situation where a child has a disability. The combined basic child support obligation is what the court believes both parents would have spent on the child if they were still together.
With the basic child support obligation established, the court will then determine who pays what based on how much parenting time each parent has. The parent paying child support will make these payments through the Colorado Family Support Registry.
It is possible to modify your child support order, either to have it increased or decreased. For example, if your child is diagnosed with a developmental disorder and requires expensive therapies and for one parent to cut back on work, then child support may change since (1) the child’s needs have changed and (2) one parent’s ability to earn income has changed. A Centennial family lawyer can help you evaluate the possibility of having your child support order modified based on the unique facts of your case.
Although Colorado uses a formula and guidelines to set child support, it can still be difficult to determine exactly what you may owe or be owed. At Ascent Legal Group, we can help you get a better understanding of what child support might look like in your case. We can also help you petition the court for a modification of child support.
Schedule a Free Consultation with a Centennial Family Law Attorney
Any legal case has the potential to be stressful, whether you are dealing with a contract dispute or are facing criminal charges. Yet family law cases are unique in that they deal with what is most important to you: your family. Our law firm has years of experience representing Colorado parents in family law court. Each day, we put our knowledge of Colorado law to work to advocate for our clients.
At Ascent Legal Group, we represent individuals and families in Colorado family law matters. As skilled negotiators and litigators, we can help you work out an agreement with your ex or take your case to trial to fight for your rights. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Centennial family law attorney.