When romantic relationships deteriorate, the legal decisions that follow can have a lasting impact on your future. Whether you are considering divorce, dealing with parenting issues, modifying support obligations, or resolving another family law matter, it is natural to have questions about your rights, responsibilities, and options under Colorado law. With experienced legal guidance, you can get answers and develop a strategy for dealing with concerns about your children, finances, and long-term goals.
Colorado family law focuses on promoting fair outcomes while protecting the best interests of children. Any type of legal matter involving the allocation of parental responsibilities, child support, and property division requires careful planning and informed decision-making. At Ascent Legal Group, we help individuals and families throughout Englewood and the Denver metropolitan area navigate these sensitive legal issues, with a focus on practical, cost-effective solutions.
Our attorneys understand that every family situation is unique. We take the time to understand your concerns, explain the legal process, and develop a strategy that is tailored to your circumstances. Whether your case is resolved through negotiation, mediation, or litigation, we are committed to helping you move forward in a way that makes sense for you. Contact Ascent Legal Group today to schedule a free 30-minute consultation with an Englewood family law attorney.
Family Law Matters We Handle in Englewood, Colorado
Our law firm represents clients in a broad range of family law matters throughout Arapahoe County and neighboring communities. Because legal costs are often a concern, we also offer the option of working with a Colorado Licensed Legal Paraprofessional (LLP) in qualifying cases. For some clients, this can provide a more affordable path to resolving family law issues while still receiving professional guidance.
Divorce in Colorado
Colorado is a no-fault divorce state, meaning that neither spouse must prove wrongdoing to end a marriage. Instead, one spouse only needs to state that the marriage is irretrievably broken. Allegations of infidelity, abandonment, or other misconduct are not necessary to get a divorce in Colorado.
Before filing for divorce in Colorado, at least one spouse must have resided in the state for a minimum of 91 days. When children are involved, they must have resided in Colorado for a minimum of 182 days for the court to have jurisdiction over any allocation of parental responsibilities and child support matters.
Divorce proceedings begin when one spouse files a Petition for Dissolution of Marriage and serves the paperwork on the other spouse. Once served, the responding party has a limited period of time to file a response. At the start of the divorce process, either spouse may seek temporary orders addressing issues such as parenting time, child support, spousal maintenance, or use of marital property.
Colorado requires both parties to exchange detailed financial disclosures in all divorce cases, including uncontested divorces where the spouses agree to the terms of the divorce. These disclosures require each spouse to provide detailed information regarding income, assets, debts, and expenses. Transparency during this stage is critical because financial information serves as the foundation for decisions involving property division and spousal support obligations.
Colorado follows equitable distribution principles when dividing marital property. Rather than automatically splitting assets equally, courts will make a division that is fair based on the circumstances of the marriage. Factors that go into this decision may include each spouse’s contributions, financial circumstances, and the value of marital assets.
Many divorce cases are resolved through negotiation or mediation. Reaching an agreement outside of the courtroom often allows families to save time, reduce expenses, and maintain greater control over the outcome. Our Englewood family law attorneys work diligently to negotiate practical solutions whenever possible.
When settlement efforts are unsuccessful, unresolved issues may be decided by a judge at trial. Regardless of whether the divorce settles or goes to trial, Colorado imposes a mandatory 91-day waiting period before a divorce can be finalized.
If you are considering divorce, speaking with an attorney early in the process can help you understand your rights and avoid costly mistakes. Our Englewood divorce lawyers can provide practical guidance from the beginning to the end of your divorce, helping you achieve a far more favorable outcome whenever possible.
Spousal Maintenance Modifications
Spousal maintenance, which is often referred to as alimony, may be awarded when one spouse requires financial assistance and the other spouse has the ability to provide support. However, circumstances often change after a divorce is finalized.
A party may seek modification of spousal maintenance when there has been a substantial and continuing change in circumstances. This requires something more than a minor and/or temporary shift in your financial circumstances. Examples may include:
- Retirement
- Serious illness or disability
- Unexpected financial hardship
- Major changes in living expenses
Not every maintenance order can be modified. Some settlement agreements specifically state that maintenance is nonmodifiable. Additionally, requests to modify maintenance must be filed before the maintenance obligation expires.
Courts reviewing modification requests will review factors such as financial resources, earning capacity, living expenses, and the reasons for the requested change. In some cases, maintenance may be reduced or terminated entirely, such as in cases where the receiving spouse becomes financially self-sufficient or enters into a supportive relationship. Under Colorado law, courts evaluate several factors when determining whether a cohabiting relationship qualifies as supportive, meaning termination is not automatic as it is with remarriage. Maintenance will be automatically terminated if the recipient remarries.
Whether you are seeking a modification of spousal maintenance or defending against a request for a change, experienced legal counsel can make a major difference in the outcome of your case. Our Englewood family lawyers can help to protect your financial interests.
Allocation of Parental Responsibilities
Colorado uses the term “allocation of parental responsibilities” (APR) rather than child custody. APR addresses two primary components of parenting after separation or divorce: decision-making authority and parenting time.
Decision-making responsibility refers to a parent’s authority to make important choices about a child’s education, healthcare, religious upbringing, and other major life decisions. This can include everything from whether a child participates in an extracurricular activity to whether they get their driver’s license. Courts encourage shared decision-making when parents can effectively communicate and cooperate, but may award sole decision-making authority for some or all issues if the circumstances require it.
Parenting time determines when children spend time with each parent. Courts recognize the importance of children maintaining meaningful relationships with both parents whenever possible.
When determining the allocation of parental responsibilities, courts focus on the child’s best interests. There are several factors that courts consider to determine a child’s best interests, 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.
Parents are often encouraged to develop parenting plans through negotiation or mediation. Agreements that are reached cooperatively can often reduce conflict and create more customized solutions for families. It can also be a good indication that they will have a good co-parenting relationship.
However, it is always a good idea to obtain court approval of any parenting agreement. An informal agreement can work, but isn’t enforceable. If a court formalizes your agreement, then you can go to court if your ex doesn’t comply with the agreement in some way.
Allocation of parental responsibility orders can be modified when there is a significant change in circumstances, and the modification would serve the child’s best interests. For example, if one parent buys a new house in a different school district, then parenting time may be modified so that the child can either stay in their current school or go to a new school. Our Englewood family law attorneys can help you evaluate your options and decide how to move forward if you are involved in a custody modification matter.
Child Support Modifications
Colorado calculates child support using an income shares model. The goal of this system is to ensure that parents continue to receive financial support similar to what they would have received if their parents had remained together. Typically, the parent with less parenting time will pay child support to the parent with more parenting time (although each case is unique).
When determining child support, a court will take into consideration:
- Each parent’s gross income (including wages, bonuses, and benefits)
- Any income earned by the child
- The number of overnight stays with each parent
- Health insurance, childcare, and other costs
- Other financial obligations, including child support for children from other relationships
Once the support obligation is calculated, the responsibility will be divided proportionately between the parents. Payments will then be processed through the Colorado Family Support Registry.
A parent’s financial circumstances can and do change after a child support order is entered. A parent may be able to seek a modification of child support (upwards or downwards) when there has been a substantial change that affects income, expenses, or parenting arrangements. This could include things like:
- Job loss
- A significant salary increase or decrease
- Changes in parenting time
- Increased medical expenses
- Changes in childcare costs
Because support calculations can become complicated, consulting an experienced attorney can help ensure accurate calculations and proper presentation of financial information. Our law firm can assist you with both initial child support orders and modifications if your situation has changed.
Why Choose Ascent Legal Group?
Family law disputes involve some of the most personal and important issues that individuals will face in their lifetime. Choosing the right legal team can make a significant difference in both the outcome of your case and your overall experience.
Clients in the Englewood area choose Ascent Legal Group because our team offers:
- Personalized legal strategies
- Compassionate client service
- Extensive Colorado family law experience
- Skilled negotiation and litigation
- Transparent communication
- Practical solutions focused on long-term success
- The option to work with a LLP when feasible
Whenever possible, we seek efficient resolutions that minimize stress and expenses. At the same time, we are fully prepared to advocate for you in court should litigation become necessary.
Speak with an Englewood Family Law Attorney Today
Whether you are dealing with divorce, a parenting dispute, support modifications, or another family law matter, having experienced legal representation can give you peace of mind during a difficult time. At Ascent Legal Group, we help clients throughout Englewood navigate complex family law issues. Our team is committed to protecting your rights while pursuing solutions that support your future.
We take a practical approach to family law matters, understanding that the best solution isn’t necessarily one that involves lengthy, expensive litigation. We will work tirelessly to help you get the best outcome for you and your family. To schedule your free 30-minute consultation, call our law offices at 719-256-0067 or complete our online contact form to talk to a seasoned Englewood family law attorney.
Colorado Family Law FAQs
Can Grandparents Request Visitation in Colorado?
Colorado law allows grandparents to seek visitation rights in certain limited situations, including when the child’s parents are divorcing or legally separated, when the family relationship has been disrupted by the death of a parent, or when the child has been placed outside the home. Courts will carefully evaluate whether visitation serves the child’s best interests while also weighing the parents’ rights.
What Happens If My Ex Refuses to Follow a Court Order?
If your former spouse fails to comply with a valid family court order, there are various ways you can seek relief, depending on the order being violated and the relief you are seeking. For example, if a parent is refusing to follow the separation agreement, you might file a motion for contempt. If the other party refuses to follow the parenting plan, you might choose to file a motion regarding parenting time disputes. Depending on the circumstances, the court may impose sanctions, modify the order, award attorney’s fees, or take other actions to compel compliance with the court order.
Can I Relocate with My Child After a Divorce or Separation?
If you want to relocate with your child, you will typically need to provide notice to your ex, and you will need to obtain court approval. This is particularly true when the move would affect the other parent’s parenting time. Colorado courts carefully evaluate relocation requests based on the child’s best interests.
How Are Family Businesses Handled During a Divorce?
A family business may be considered marital property, separate property, or a combination of both depending on when it was established and how it was managed during the marriage. Business valuation often requires financial experts to determine an appropriate value before it can be divided in property division during a Colorado divorce. If you want to protect your family business, you may consider a prenuptial or postnuptial agreement.
Is Legal Separation Different from Divorce in Colorado?
Yes. Legal separation allows a couple to resolve the same issues that would be addressed in a divorce, such as property division, spousal support, the allocation of parental responsibilities, and child support. At the end of the process, the couple will still be considered married and will have to take additional steps to convert the legal separation into a divorce. Some couples choose legal separation over divorce for religious, financial, or other reasons.