Whether you are ending a marriage, establishing parenting plans, modifying an existing court order, or addressing another legal issue related to your family, the decisions you make today can shape your future for years to come. Having experienced legal guidance can make the process more manageable while helping you protect your rights and long-term interests.
Colorado family law covers a broad range of legal issues, including divorce, legal separation, allocation of parental responsibilities, child support, spousal maintenance, and post-decree modification. Because no two families share exactly the same circumstances, it is critical to have a legal strategy that is tailored to your unique goals and needs. Our Cherry Creek family law attorneys do just that, crafting a plan for each client that is designed to help them get the best possible outcome.
At Ascent Legal Group, we proudly serve clients in Cherry Creek and throughout Arapahoe County. Our lawyers recognize that family law cases involve much more than just laws and court procedures; they impact your finances, your children, and your future. We are committed to providing practical advice, compassionate support, and strong legal advocacy throughout every stage of your case. Contact our law firm today to schedule a free 30-minute consultation with a seasoned Cherry Creek family lawyer.
Family Law Services We Offer in Cherry Creek, Colorado
Our attorneys represent individuals and families in all types of Colorado family law matters. Depending on the nature of your case, you may also be able to work with one of our Colorado Licensed Legal Paraprofessionals (LLPs). LLPs can assist with certain family law matters at a lower cost than an attorney, making quality legal representation more accessible for many families.
Our firm assists clients with matters involving:
- Divorce
- Legal separation
- Allocation of parental responsibilities and parenting plans
- Child support
- Spousal maintenance
- Post-decree modifications
- Enforcement of existing orders
No matter how simple or complex your situation may be, our legal team will explain your options and collaborate with you to develop a strategy that is specifically designed to meet your goals.
Divorce
The decision to end a marriage is rarely easy. Understanding the legal process can help to reduce uncertainty when you are ready to get divorced.
Colorado follows a no-fault divorce system, meaning that neither spouse must prove adultery, abuse, or other misconduct to obtain a divorce. Instead, one spouse simply needs to state that the marriage is irretrievably broken and cannot be repaired.
Before filing for divorce in Colorado, certain residency requirements must be met. At least one spouse must have lived in Colorado for 91 days before filing a Petition for Dissolution of Marriage. In most cases, this requirement is relatively straightforward, but it can be more complicated in military divorces.
If a couple has children, additional residency requirements apply before the court can issue orders involving parental responsibilities and child support. Minor children must have lived in Colorado for at least 182 days before the court can exercise jurisdiction over these aspects of a family law case.
The divorce process begins when one spouse files a Petition for Dissolution of Marriage with the appropriate district court. In Cherry Creek, a divorce petition will be filed at the Arapahoe County District Court.
After filing, the petition must be formally served on the other spouse unless service is waived. The responding spouse then has an opportunity to file a response, which is known as an answer.
During the early stages of a divorce, either spouse may request temporary court orders. These orders can address issues such as:
- Parenting time
- Child support
- Spousal maintenance
- Payment of household expenses
- Exclusive use of the marital residence
- Responsibility for debts while the divorce is pending
Temporary orders can provide stability while the divorce case moves towards a final resolution.
Colorado law requires both spouses to exchange detailed financial information at the outset of a divorce case, including in uncontested divorces. These mandatory financial disclosures require spouses to list information about their income, bank accounts, investments, retirement accounts, real estate, debts, monthly living expenses, business interests, and other financial assets. Complete financial disclosure allows both parties, and ultimately the court, to make informed decisions about property division, spousal maintenance, and child support.
For property division, Colorado is an equitable distribution state. This does not necessarily mean that marital property will be divided equally. Instead, judges seek a division that is fair after reviewing the specifics of the case. A court may evaluate factors such as:
- The duration of the marriage
- Each spouse’s financial contributions
- Contributions made as a homemaker or primary caregiver
- The value of each spouse’s separate property
- The economic circumstances of each party after the divorce
- Any increase or decrease in the value of separate property during the marriage
Only marital property is divided during a divorce. This typically includes any assets or debts acquired during the marriage, while separate property includes assets or debts from before the marriage or from a gift or inheritance.
Determining which assets are marital versus separate property can become complex. Our Cherry Creek divorce attorneys help clients protect their financial interests while working toward equitable property settlements.
In some divorces, one spouse may need ongoing financial assistance after the marriage ends. Colorado courts may award spousal maintenance after considering numerous statutory factors, including the length of the marriage, each spouse’s income, future earning capacity, employment opportunities, the financial resources available to each party, property awarded during the divorce, and the standard of living established during the marriage. Each case is evaluated individually, so not every divorce will include an order for spousal maintenance.
Many divorcing couples resolve their disputes without going to trial. Negotiation, mediation, and collaborative discussions often allow spouses to maintain greater control over the outcome of their divorce while reducing both costs and conflict. If spouses can successfully reach agreements regarding property division, parenting arrangements, child support, and spousal maintenance, the court will generally approve the agreement if it complies with Colorado law and serves the best interests of any children involved.
However, settlement is not always possible. This can often arise in situations involving abuse or simply an inability for a couple to work cooperatively to come to an agreement. In these situations, the case may proceed to trial, where a judge will resolve the contested issues after hearing evidence from both parties.
In any case, including uncontested divorces, a court will not finalize the dissolution of a marriage until a 91-day waiting period has elapsed. This time starts after the petition has been filed and properly served. This means that it will take at least 3 months to get divorced in Colorado.
Divorce affects virtually every aspect of your life, from your finances to your family relationships. Ascent Legal Group works closely with clients in Cherry Creek to develop thoughtful legal strategies while providing the guidance and advocacy needed to navigate every stage of the divorce process with confidence.
Modification of Spousal Maintenance
A spousal maintenance order that was appropriate at the time of your divorce may no longer reflect your current financial reality. Job changes, health issues, retirement, and other life events can significantly affect either spouse’s ability to pay or need for support. Under Colorado law, maintenance orders may be modified when a substantial and continuing change in circumstances justifies revisiting the original order.
However, not every maintenance award is eligible for modifications. Some divorce agreements specifically state that maintenance is non-modifiable. Reviewing the language of your existing court order or separation agreement is a necessary first step before filing for modification of spousal maintenance/alimony.
The court may consider modifying maintenance when there are significant, continuing changes, such as:
- A substantial increase or decrease in either party’s income
- Involuntary job loss or prolonged unemployment
- Serious illness or disability affecting earning capacity
- Retirement resulting in reduced income
- Significant changes in financial obligations
- Other long-term financial changes that were not anticipated when the original order was entered
The party requesting the modification generally has the burden of demonstrating that the change is both substantial and ongoing (rather than temporary).
Spousal maintenance is automatically terminated when the receiving spouse remarries. If the receiving spouse enters into a supportive cohabitating relationship (i.e., moves in with a partner), termination of maintenance is possible, but not automatic. Courts examine numerous factors when evaluating these requests, including the financial interdependence of the couple, shared living expenses, and the overall nature of the relationship.
Every case is highly fact-specific, making experienced legal representation especially important. Whether you are seeking to modify an existing maintenance order or responding to a modification request filed by your former spouse, our Cherry Creek family law attorneys can evaluate your situation and advocate for your financial interests.
Allocation of Parental Responsibilities
In Colorado, what many states refer to as “child custody” is known as the allocation of parental responsibilities (APR). It consists of two separate but equally important components:
- Decision-making responsibility addresses who has the authority to make major decisions regarding a child’s upbringing. These decisions commonly involve things like education, medical care, mental health treatment, religious upbringing, and participation in extracurricular activities. In many cases, parents share decision-making responsibilities because Colorado courts encourage both parents to remain actively involved in their children’s lives whenever appropriate. However, if joint decision-making would not serve the child’s best interests, a judge may award one parent sole authority over certain issues or all major decisions.
- Parenting time establishes when the child will spend time with each parent. There is no single parenting schedule that works for every family. Parenting arrangements may vary depending on factors such as the child’s age, school schedule, parents’ work obligations, distance between households, special medical or developmental needs, and extracurricular activities. The goal is to create a schedule that promotes consistency while allowing the child to maintain meaningful relationships with both parents whenever possible.
Colorado courts make all APR decisions with a focus on the best interests of the child. Judges evaluate numerous factors before issuing parenting orders, including:
- Each parent’s wishes;
- The child’s preferences, if they are mature enough to express a reasoned and independent opinion;
- The child’s relationships with parents, siblings, and others who significantly impact their well-being;
- The child’s adjustment to home, school, and community;
- The mental and physical health of everyone involved;
- Each parent’s ability to support the child’s relationship with the other parent;
- Each parent’s past involvement and commitment to the child;
- The proximity of the parents’ residences and its impact on parenting time;
- Each parent’s ability to prioritize the child’s needs; and
- Any history of domestic violence.
Rather than rewarding one parent or punishing another, the court’s objective is to establish arrangements that support the child’s overall well-being and long-term stability.
Most Colorado parents are encouraged to develop a parenting plan that clearly outlines how they will share responsibilities after separation or divorce. A detailed parenting plan often helps to reduce misunderstandings, prevent future disputes, and provide children with predictable routines. Parents who can successfully negotiate a parenting plan often experience fewer future conflicts when co-parenting in the years to come.
As children grow, their needs naturally evolve. Parenting arrangements that worked several years ago may no longer serve the family’s current circumstances. Colorado law allows parenting orders to be modified when circumstances have changed significantly and the requested modification would be in the child’s best interests.
Examples of such situations may include:
- One parent relocating
- Significant changes in work schedules
- Changes in the child’s educational needs
- Medical concerns
- Safety issues
- Ongoing violations of the parenting plan
- Changes in a child’s developmental needs
Because parenting modifications directly affect children and families, courts carefully evaluate each request before making changes. Our Cherry Creek child custody lawyers help parents prepare strong modification requests and represent clients during contested parenting plan proceedings when agreements cannot be reached.
Modification of Child Support
Raising a child involves significant financial responsibilities, and Colorado law requires both parents to contribute to their child’s support. Whether the parents were married or never married, child support is intended to ensure that children continue to receive the financial resources that they need to thrive after their parents separate.
Colorado uses an income shares model to calculate child support. This approach estimates the amount that parents would have spent on their children if they were living together. This amount is then divided proportionally based on each parent’s income.
Child support is based on numerous financial and other considerations, including:
- Each parent’s gross income, such as wages, bonuses, commissions, overtime, Social Security benefits, trust income, and unemployment benefits;
- Any income earned by the child;
- The number of overnights the child spends with each parent;
- Costs for health insurance and childcare; and
- Other support obligations, including support for children from other relationships and spousal maintenance paid or received.
Once these numbers are entered into Colorado’s statutory formula, the court determines the presumptive child support amount. Although judges generally follow the guideline calculation, they may deviate in limited circumstances when doing so better serves the child’s best interests.
A child support order is not necessarily permanent. As families grow and financial circumstances change, an existing order may no longer accurately reflect the parents’ ability to provide support or the child’s needs. Colorado courts may approve a modification when there has been a substantial and continuing change in circumstances.
Common reasons to request a modification include:
- Job loss or a significant reduction in income
- A substantial increase in either parent’s earnings
- Changes in parenting time
- Increased healthcare expenses
- New childcare costs
- Disability or long-term illness
- Changes affecting the child’s medical or educational needs
Simply experiencing a temporary financial setback is generally not enough to justify a modification of support. The court typically looks for changes that are expected to continue rather than short-term fluctuations.
Whether you are requesting an increase, seeking a reduction, or responding to a modification petition filed by your child’s other parent, we can help. Our Cherry Creek family law attorneys will work to protect your interests while working toward a fair outcome.
Why Cherry Creek Families Face Unique Family Law Challenges
Cherry Creek families often have more complex financial situations than the average Colorado divorce case. We frequently work with clients who own businesses, receive equity compensation, hold substantial retirement assets, or own multiple real estate properties.
One issue we commonly see in Cherry Creek divorces involves determining what should happen to a high-value marital residence. Some couples choose to sell the property and divide the proceeds, while others negotiate a buyout. When significant home equity exists, careful financial analysis is often necessary to reach a fair resolution.
In recent years, we’ve seen an increase in divorces involving stock options, restricted stock units (RSUs), professional practices, and self-employed business owners. These assets can be significantly more complicated to divide than traditional wage income and bank accounts. They require careful valuation and analysis during divorce proceedings to ensure an equitable division of property.
Why Families in Cherry Creek Choose Ascent Legal Group
Family law cases are about more than filing the right documents with the court. They involve your future, your finances, and the people who matter most to you. At Ascent Legal Group, we understand that each of our clients has unique priorities, goals, and concerns. That is why we take a personalized approach to every case we handle.
Our attorneys are committed to providing straightforward legal advice, responsive communication, and practical solutions tailored to each client’s circumstances. Whether your case can be resolved through negotiation or requires litigation, we are fully prepared to advocate for your interests every step of the way.
Clients in Cherry Creek and throughout Arapahoe County turn to our law firm because we offer:
- Personalized legal strategies instead of one-size-fits-all solutions
- Compassionate legal guidance during emotionally challenging situations
- Strong courtroom advocacy when litigation becomes necessary
- Skilled negotiation focused on efficient and lasting resolution
- Access to Colorado LLPs for qualifying matters, helping to make legal services more affordable.
Whenever possible, we encourage settlement through negotiation, mediation, or collaborative problem-solving. However, when an agreement cannot be reached, our attorneys are fully prepared to present your case before the court and protect your rights. No matter where you are in the family law process, our goal is to help you achieve a solution that is best for you and your family.
Contact Our Cherry Creek Family Lawyers Today for a Free 30-Minute Consultation
Whether you are considering divorce, seeking to establish parenting arrangements, requesting a modification of an existing court order, or facing another family law issue, having knowledgeable legal counsel can make a meaningful difference. Our seasoned Cherry Creek family lawyers are here to help.
At Ascent Legal Group, we proudly represent individuals and families in Cherry Creek and the surrounding communities. We take the time to understand your concerns, explain your legal options, and develop a strategy designed to achieve the best possible outcome for your situation. Contact our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Cherry Creek family law attorney.
Frequently Asked Questions
Do I Have to Go to Court for My Family Law Issue?
Not necessarily. Many family law matters, including divorce, parenting plans, and support issues, can be resolved through negotiation, mediation, or collaborative law. If the parties reach an agreement that complies with Colorado law, the court can approve the agreement without having to go to trial. While you may need to appear in court, it is possible to resolve your case without litigation or a trial.
What Should I Bring to My Initial Family Law Consultation?
For your first consultation, it can be helpful to bring any existing court orders, financial documents, and any other information related to your legal issue. Of course, you might not have any documents when making your consultation because you haven’t filed for divorce yet or taken any other legal steps. Your Cherry Creek family lawyer can explain what information to gather to make the process smoother moving forward.
How Long Does a Typical Colorado Family Law Case Take?
The timeline varies considerably based on the complexity of the issues and whether the parties can reach an agreement. An uncontested divorce can be resolved in a matter of just a few months, while highly contested cases can take a year or longer to resolve.
Can I Change Attorneys If My Family Law Case Is Already Pending?
Yes. Clients typically have the right to retain new legal counsel while a case is ongoing. Before making that decision, it’s important to understand how the transition could affect your case timeline and any existing fee agreements. If you are considering switching law firms, you can always give us a call to schedule a free 30-minute consultation.