Few types of legal cases are more emotionally challenging than family law matters. Whether you are going through a divorce, a child custody battle, or dealing with spousal maintenance issues, these cases can be stressful and overwhelming. At Ascent Legal Group, our Cimarron Hills family law attorneys will stand by your side from your initial consultation through the final resolution of your case.
Our law firm offers compassionate, skilled legal representation to clients throughout El Paso County, Colorado. We understand how difficult divorce and related matters can be and work hard to help our clients achieve the best possible outcome. Contact our law offices today to schedule a free 30-minute consultation with a Cimarron Hills family lawyer.
Family Law Cases We Handle
Ascent Legal Group is proud to represent individuals and families in the Cimarron Hills area who are dealing with a range of family law issues. We have significant experience in all types of family law cases, including divorce, military divorce, legal separation, parenting time (custody), child support, and spousal maintenance. Our practice includes both experienced Colorado family law attorneys as well as licensed legal paraprofessionals (LLP) to meet a diverse array of needs.
Divorce
Divorce, or dissolution of marriage, is the legal process through which you can end your marriage in Colorado. Our state uses a no-fault system for divorce, which means that the court system will not consider wrongdoing when it comes to granting a divorce. You will not need to prove that your soon-to-be ex cheated or was abusive; it is enough to allege that your marriage is irretrievably broken.
In order to start a divorce in Colorado, one of the parties must be a resident of Colorado. To meet the residency requirements, either you or your spouse must have lived in the state for a minimum of 91 days before filing for divorce. If you share minor children, then they must have lived in Colorado for at least 182 days before filing.
It is possible to get divorced in just a few months in Colorado. There is a mandatory 91 day waiting period before a court can issue a divorce. A relatively quick divorce may be an option if you and your spouse can agree upon all of the issues in your divorce. This is known as an uncontested divorce.he other option is to file a contested divorce. This is required if you disagree about any issue in your divorce, whether that is property division, child custody, child support, or spousal maintenance. Contested divorces will typically take longer, particularly if litigation is required.
The process starts with the filing of a petition for dissolution of marriage. If you are seeking an uncontested divorce, you may file this petition jointly with your spouse. Otherwise, you will need to file the paperwork and serve it on your soon-to-be ex. They will then have 21 days to respond by filing an answer (35 days if they live outside of Colorado).
In the initial stages of the divorce process, either party may seek temporary orders for child custody or spousal maintenance. A judge will address these issues at the outset of the case.
For all divorces in Colorado, including uncontested divorces, each spouse is required to submit a financial disclosure. These forms are relatively detailed, but are necessary to ensure that the division of property is fair under Colorado law. You will be required to list effectively everything about your finances: your income, monthly expenses, assets, and debts.
Colorado is a marital property state. Generally, most assets and debts that a couple accumulates during a marriage will be considered marital property (other than property acquired through gift or inheritance). Property that is acquired prior to marriage is considered separate property, with some exceptions for things like the appreciation in value of separate property.
Determining what is and is not marital property can be complicated and contentious. It is important because only marital property is subject to division in a divorce. A court will decide what assets and debts are marital property and then divide them equitably (which does not necessarily mean equally). If one spouse requests alimony, then the judge may also award it as part of the divorce decree.
If you and your spouse are able to communicate, it may be possible to work out an agreement on the terms of your divorce. This is often a much less expensive, stressful, and time-consuming way to get divorced. When you have hammered out a deal on every relevant issue (property division, child custody, child support, and spousal maintenance), a court will review it. If the judge decides that it is fair to both parties, they will approve it and issue a divorce decree.
Of course, it isn’t always possible to work out an agreement with your spouse. Our Cimarron Hills family lawyers can help you decide if further negotiation, including through mediation, may be productive. Whenever feasible, we will help you come to a settlement agreement that protects your interests.
If you cannot reach an agreement, then your divorce case will go to trial. Typically, if a judge has to decide your case, then it will take over a year to resolve. When the trial is over, the judge will issue a divorce decree.
No one plans to get divorced when they make the decision to get married. In some circumstances, divorce is the best option for a couple who simply cannot get along or does not want to be married any longer. Our Cimarron Hills family law attorneys can help you understand your rights and options and guide you to a successful resolution of your case.
Modifying Spousal Maintenance
In Colorado, alimony is referred to as spousal maintenance. It is not automatically awarded in Colorado divorces. Instead, a court may award spousal maintenance if one spouse needs the financial support and the other spouse is in a position to pay it.
There are two types of spousal maintenance: contractual, non-modifiable maintenance and non-contractual, modifiable maintenance. A Colorado court will not enter an order for contractual, non-modifiable maintenance, however, it is a condition the parties can agree to. It is important to review your separation agreement carefully with a qualified attorney to determine which type of maintenance you have to and whether it can be modified.
If the maintenance is non-contractual and modifiable, there may be a possibility of modifying the maintenance or even terminating it if there has been a substantial and continuing change in circumstances. This standard requires something more than a temporary change, such as being temporarily unemployed, or taking off work for a few weeks to recover from surgery.
A Colorado court may modify maintenance if the following is true:
- There has been a substantial and continuing change in circumstances (which can include job loss, disability, or remarriage of the spouse who receives the support);
- The original maintenance order permits modification (some settlement agreements do not permit modification); and
- The modification request is filed before the maintenance term has ended.
Here are some examples of situations where a Colorado court may grant a modification:
- A significant increase or decrease in either party’s income (which could be from retirement, a promotion, or ongoing unemployment;
- A severe illness or disability that impacts either spouse’s ability to work;
- The remarriage of the receiving spouse, including a common-law marriage; and/or
- A substantial change in financial obligations (such as significant medical expenses).
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.
Either party can seek to change spousal maintenance, whether they want to increase, decrease, or terminate support. During a free initial consultation, Ascent Legal Group will listen to you and offer you advice on the possibility of modifying spousal maintenance. Our Cimarron Hills family lawyers will then advocate for your best interests in court.
Modifying Parenting Time/Child Custody
In Colorado, child custody is referred to as parental responsibilities. It is broken into two components: decision-making authority (legal custody) and parenting time (physical custody). It includes the following rights and responsibilities:
- Decision-making authority is a parent’s right to make decisions about important matters in a child’s life such as education, religion, or healthcare. Decision-making authority is typically shared, but may be awarded to one parent in whole or in part. For example, if one parent strongly favors “unschooling” their kids while the other wants their kids to attend traditional school, the court may award decision-making authority over education to one parent.
- Parenting time is the time that each parent spends with their child. When both parents have an approximately equal number of overnight visits with their kids, they are said to have joint parental responsibilities.
Whenever possible, Colorado judges will award joint parental responsibilities. However, the overarching goal of any child custody determination is the best interests of the child. If parents cannot agree on a parenting plan, then a court will decide parenting responsibilities based on the following factors:
- 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.
As with many other aspects of family law cases, it is often preferable to come to an agreement with your spouse or ex about child custody rather than let the court decide. Our Cimarron Hills family lawyers can help you negotiate a parenting plan that protects your interests and complies with Colorado law.
Even if you have thus far been able to co-parent without a formal agreement in place, it is always a good idea to reduce your parenting plan to writing and have it approved by the court. If something changes – such as your ex getting remarried and wanting more parenting time – you won’t be able to enforce an informal agreement with the court. We can help you work out an agreement for submission to and approval by a judge.
Custody orders can only be modified if there has been a change in circumstances and the change is in the best interests of the child. A parent can petition to modify a custody order once every 2 years. A request may be granted for many different reasons, such as if your ex takes a new job that leaves your young child home alone for an extended period of time every day.
Child custody cases are often difficult to navigate, as most parents are reluctant to give up any time with their children. It can also be difficult to co-parent with an ex, regardless of how happy you once were together. At Ascent Legal Group, our Cimarron Hills family law attorneys approach each case with the goal of protecting our client’s interests as a parent while advocating for their best interests of their child(ren).
Modifying Child Support in Colorado
Child support in Colorado is based on the idea that both parents have an obligation to provide basic financial support for their children. The purpose of the child support system is to ensure that a child receives the same amount of financial support from their parents that they would have if they were together. This is known as the “income shares” method.
In most cases, the noncustodial parent will pay child support to the custodial parent. To make a decision on child support, a court will look at the following factors:
- 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.
A judge will determine each parent’s income and then determine the parents’ combined basic child support obligation using a chart. This number is what the court believes both parents would have jointly spent to support their child if they were still together as a family unit. It is possible to deviate from these numbers if there are any unique needs or expenses.
After the court sets the basic child support obligation, it will determine which parent pays child support based on their percentage of parenting time. All child support payments will then be made through the Colorado Family Support Registry.
Once child support has been established, it is not set in stone. Either parent can petition to have child support increased or decreased based on changed circumstances, such as a change to a child’s needs or a change to a parent’s income. For example, if a child is diagnosed with a medical condition that requires ongoing treatment that isn’t fully covered by insurance, then child support payments may be increased based on their needs. Our Cimarron Hills family law team can help you understand the likelihood of having child support modified based on your family’s circumstances.
In theory, Colorado’s income shares guidelines should make it easy to figure out exactly how much child support may be ordered in a given case. In reality, child support obligations can be complex, particularly when a child has more unusual needs. At Ascent Legal Group, we can work with you to determine what your rights are when it comes to child support. We can also help you request a modification of child support in your case.
Schedule a Free Consultation with a Cimarron Hills Family Law Attorney
If you are dealing with a family law matter, you might be worried about your rights and your finances. Our law firm is adept at handling all types of Colorado family law matters, including both amicable and contentious divorces, legal separations, and custody cases. We also have significant experience representing clients in modification cases.
At Ascent Legal Group, we represent individuals and families in El Paso County family law matters. Whenever possible, we try to help our clients negotiate an agreement that meets their needs. When necessary, we will take your case to court to protect 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 Cimarron Hills family law attorney.