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Falcon Family Lawyers

Falcon Family Lawyers

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Family law issues can affect every aspect of your life, from your finances to your relationship with your children. If you are preparing for divorce, separating from your spouse, or facing a dispute involving parenting time or child support, you may be overwhelmed and unsure of what your rights are.

Falcon has experienced significant residential growth over the last two decades, with many families relocating to the area for its larger homes, newer developments, and access to Colorado Springs employment centers. As a result, family law disputes often involve issues such as school transitions, long-distance commuting between households, and parenting arrangements spanning multiple communities throughout El Paso County.

At Ascent Legal Group, our Falcon family lawyers provide compassionate, practical legal counsel to individuals and families throughout Falcon. We understand that no two families are alike, which is why we develop personalized legal strategies tailored to each client’s goals. Whether your case can be resolved through negotiation or requires litigation, our team is prepared to advocate for your interests every step of the way. Contact our law offices today to schedule your free 30-minute consultation with a Falcon family law attorney.

Family Law Matters We Handle

Our law firm represents clients in Falcon and the surrounding communities in a wide variety of Colorado family law matters. We recognize that every client has different legal needs, financial concerns, and family dynamics. Because affordability is important, we also offer qualifying clients the opportunity to work with a Colorado Licensed Legal Paraprofessional (LLP). In many family law matters, an LLP can provide skilled legal representation at a lower cost compared to traditional attorney representation.

Our firm assists clients with matters involving:

No matter how straightforward or complex your case may seem, we are committed to helping you protect your rights while pursuing practical long-term solutions.

Colorado Divorce

Ending a marriage is never easy, even when both spouses agree that divorce is the best path forward. Besides the emotional challenges, divorce requires resolving numerous legal and financial issues that can impact your future for years to come.

Colorado is a no-fault divorce state. This means that neither spouse must prove adultery, abuse, abandonment, or any other misconduct to obtain a divorce. Instead, one spouse simply needs to state that the marriage is irretrievably broken, meaning there is no reasonable chance of reconciliation.

Either spouse may file for divorce individually, or both spouses may file together as co-petitioners. To do so, at least one spouse must have lived in Colorado for a minimum of 91 days before filing. If the couple shares minor children, then those kids must have lived in the state for at least 182 days before the court will have jurisdiction over parenting issues (or since birth for infants).

While these requirements are usually straightforward, jurisdiction can become more complicated when military service members or families living in multiple states are involved. Deployments, temporary assignments, or recent relocations can impact where a divorce should be filed. Our Falcon family lawyers can evaluate your circumstances and ensure that your case is filed in the proper court.

A divorce officially begins when one spouse files a Petition for Dissolution of Marriage with the appropriate Colorado court. If only one spouse files the petition, it must be formally served on the other spouse. They will then have 21 days to respond to the petition (or 35 days if they live outside of Colorado).

During the early stages of the case, either spouse may ask the court to issue temporary orders. These orders provide stability while the divorce is pending. They can address issues such as:

  • Temporary parenting schedules
  • Child support
  • Spousal maintenance
  • Responsibility for household expenses
  • Possession of the marital residence

Temporary orders remain in effect until modified by the court or replaced by the final divorce decree.

Colorado law requires both spouses to exchange comprehensive financial information early in the divorce process. Mandatory financial disclosures provide transparency and help to ensure that property, debts, and support obligations are determined fairly. These disclosures require each spouse to list income from all sources, bank accounts, retirement accounts, real estate holdings, investments, living expenses, debts, and business interests. Even couples pursuing an uncontested divorce must complete these financial disclosures.

Colorado follows the principle of equitable distribution when dividing marital property. Equitable does not necessarily mean equal. Instead, courts attempt to divide marital assets and debts fairly based on the unique circumstances of the marriage.

Before property can be divided, the court will distinguish between:

  • Separate property, which generally belongs to one spouse individually (such as property owned prior to marriage or through gift or inheritance); and
  • Marital property, which is typically subject to division in the divorce.

When determining an equitable distribution, courts may consider numerous factors. This includes the length of the marriage, each spouse’s financial situation, contributions made by each spouse during the marriage, and each spouse’s economic circumstances following the divorce. Every divorce is different, which is why it is important to work with an experienced Falcon family lawyer who can help to protect your financial interests.

In some divorces, one spouse may qualify for spousal maintenance, which may also be referred to as alimony. Colorado courts evaluate multiple factors when determining whether maintenance should be awarded, including each spouse’s financial resources, earning capacity, and ability to become self-supporting. 

Maintenance is not automatic. Instead, courts examine each couple’s specific financial circumstances before determining whether support is appropriate.

Many Colorado divorces are resolved through negotiation or mediation rather than litigation. Reaching a settlement often allows couples to maintain greater control over important decisions while reducing stress, legal expenses, and the uncertainty associated with a trial. Once the parties reach an agreement, a judge will typically approve the settlement and incorporate it into the final divorce decree.

Settlement is not always possible in every case. If spouses can’t come to an agreement on property division, allocation of parental responsibilities, or other issues, the case proceeds to trial. In court, the judge will hear evidence from both sides before making a decision and issuing a divorce decree.

Regardless of how your divorce unfolds, having knowledgeable legal counsel can help you avoid costly mistakes and protect your interests throughout the process. If you are considering divorce in Falcon, speaking with one of our experienced family lawyers early in the process can help you better understand your options and prepare for the road ahead.

Spousal Maintenance

Following a divorce, one spouse may need ongoing financial assistance to adjust to life after the marriage. In Colorado, this financial support is called spousal maintenance. Depending on the circumstance, maintenance may be awarded temporarily, for a defined period, or in limited situations, for a longer duration.

Of course, life rarely stays the same after a divorce is finalized. A significant change in either party’s financial circumstances may justify modifying an existing maintenance order. However, courts will not change support simply because one spouse requests it. Instead, the party seeking the modification must demonstrate that there has been a substantial and continuing change in circumstances since the original order was entered.

Examples of circumstances that may warrant a modification include:

  • An involuntary job loss or a significant reduction in income
  • A serious illness or disability affecting earning capacity
  • Retirement made in good faith
  • A substantial increase or decrease in either party’s income
  • Unexpected financial hardships that are expected to continue

Minor or short-term financial setbacks are generally not enough to justify modifying maintenance. In addition, some divorce agreements specify that maintenance is not modifiable. When spouses voluntarily agree that maintenance cannot later be changed, Colorado courts will generally enforce that provision.

Additionally, requests to modify maintenance must be filed before the maintenance obligation expires. Once the obligation ends, courts generally lose the authority to extend or reinstate payments.

When deciding whether a modification is appropriate, judges evaluate numerous factors, including:

  • Each party’s current financial resources
  • Changes in employment or earning capacity
  • The cost of living
  • The recipient’s ability to become financially independent
  • The payer’s ability to continue making payments

For example, if the spouse receiving maintenance completes additional education and secures significantly higher-paying employment, the paying spouse may have grounds to request a reduction or termination of support. The outcome of these cases will be highly dependent on the facts of the case.

Maintenance will automatically end if the receiving spouse remarries. The court may also terminate maintenance if the recipient enters into a supportive cohabitation relationship. In this situation, termination of maintenance is not automatic.

Because maintenance issues often involve complicated financial evidence and legal standards, it is important to have legal representation. Our Falcon family lawyers can help to protect your financial interests, whether you are seeking to modify support or contesting a request for modification.

Allocation of Parental Responsibilities

In Colorado, child custody is referred to as Allocation of Parental Responsibilities (APR). APR addresses both a parent’s authority to make important decisions for a child and the schedule governing when each parent spends time with the child.

Whenever Colorado courts make decisions involving children, the primary consideration is always the best interests of the child. This standard is applied to both:

  • Decision-Making Responsibility: This refers to a parent’s authority to make major decisions about a child’s upbringing, including decisions about education, medical care, mental health treatment, religion, and extracurricular activities. Colorado courts prefer to award joint decision-making authority, allowing both parents to participate in important decisions. However, when communication is poor or one parent has demonstrated an inability to act in the child’s best interests, the court may grant one parent sole authority over some or all major decisions.
  • Parenting Time: Parenting time determines when children live with or spend time with each parent. Colorado encourages children to maintain healthy, meaningful relationships with both parents whenever doing so is safe and appropriate.  Every family’s circumstances are unique. 

The amount of parenting time each parent exercises can also directly affect child support calculations.

Colorado judges evaluate numerous statutory factors when determining an appropriate parenting arrangement. This includes:

  • 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.

No single factor controls the outcome. Instead, judges examine the totality of the circumstances before issuing parenting orders. 

Many parents are able to develop their own parenting plan through negotiation or mediation. Reaching an agreement outside of court often provides greater flexibility and allows parents to create schedules that better reflect their family’s specific needs. Negotiated parenting plans can reduce conflict, lower legal expenses, and provide children with greater consistency during an already difficult transition.

However, parents should remember that informal agreements are generally not legally enforceable. Having your parenting plan incorporated into a court order helps ensure that both parents understand their rights and responsibilities while providing legal remedies if disagreements arise later.

Circumstances frequently change after a parenting order is entered. Parents relocate, work schedules change, children grow older, and family needs evolve. Colorado courts allow parenting plans to be modified when there has been a substantial change in circumstances, and the requested modification serves the child’s best interests. 

Typically, requests to modify parenting orders cannot be filed more than once every two years. Certain exceptions exist for emergencies, concerns involving a child’s safety, or other extraordinary circumstances. 

Whether you are establishing parental responsibilities for the first time or requesting modifications years after your divorce, our Falcon family lawyers can help you understand your options. We are committed to helping you protect your relationship with your children while pursuing solutions that promote their long-term well-being.

Child Support Modifications

Both parents have a legal duty to financially support their children. Colorado calculates child support using the Income Shares Model, which attempts to provide children with the level of financial support they would likely have received if their parents had remained together.

Child support calculations take numerous financial factors into account, including:

  • Each parent’s gross monthly income
  • Bonuses, commissions, and certain employment benefits
  • Parenting time allocations
  • Health insurance premiums
  • Childcare expenses
  • Extraordinary medical expenses
  • Existing child support obligations for other children
  • Certain income earned by the child

After calculating the combined support obligation, each parent’s share is determined according to their respective incomes and parenting schedule. In most cases, the parent with fewer overnight visits pays child support to the other parent. Payments are processed through the Colorado Family Support Registry.

Support orders are intended to reflect current financial circumstances and are not set in stone. If either parent’s financial situation or a child’s needs change substantially, modification may be appropriate. 

Common reasons to request a modification include:

  • Loss of employment
  • Promotion or significant increase in income
  • Long-term disability
  • Major changes in parenting time
  • Increased healthcare or childcare expenses
  • Other substantial financial changes affecting either parent

Before approving a modification, the court will carefully review updated financial information and determine whether the requested change complies with Colorado law. Additionally, it’s important to keep in mind that child support modifications are generally retroactive only to the date of filing the motion to modify. Because child support calculations can become complicated, it is a good idea to seek legal advice before filing a request for modification. Our Falcon family lawyers help parents pursue child support arrangements that accurately reflect their family’s circumstances while protecting their children’s financial well-being.

Common Family Law Challenges Falcon Residents Face

While every family law case is unique, certain issues arise frequently for families living in Falcon and the surrounding eastern El Paso County communities. Falcon’s rapid growth, proximity to military installations, and commuter-friendly location can create family law challenges that differ from those faced in other parts of Colorado.

Parenting Across Long Commutes

Many Falcon residents work in Colorado Springs, at Peterson Space Force Base, Schriever Space Force Base, or Fort Carson. When parents live in different parts of El Paso County following a separation or divorce, transportation and scheduling can become major points of contention. Questions often arise regarding who is responsible for transporting children, how extracurricular activities will be handled, and whether a parenting schedule remains practical as work obligations change.

Military Deployments and Relocations

Falcon is home to many active-duty service members and military families. Deployments, temporary duty assignments, and permanent change of station (PCS) orders can significantly affect parenting plans, child support obligations, and custody arrangements. Military families often need flexible parenting plans that account for the possibility of future relocations while preserving meaningful parent-child relationships.

School Enrollment and District 49 Issues

Parents frequently disagree about where their children should attend school after a divorce. Many Falcon families are served by District 49 schools, and changes in a child’s primary residence can impact school enrollment, transportation arrangements, and participation in sports and extracurricular activities. Courts often consider educational stability when evaluating parenting plans and relocation requests.

Relocation After Separation

As Falcon continues to grow, it is common for one parent to move to another part of El Paso County or outside the region altogether following a divorce. A proposed move can affect parenting time schedules, travel requirements, and a child’s relationship with the other parent. Colorado courts carefully evaluate relocation requests to determine whether the move is in the child’s best interests.

Child Support Modifications Following Career Changes

Many Falcon residents work in industries where income can fluctuate due to promotions, job transfers, military assignments, contract work, or changes in employment. When a parent’s income significantly increases or decreases, existing child support orders may no longer accurately reflect the family’s circumstances. In these situations, a modification may be appropriate to ensure support remains fair and consistent with Colorado law.

Dividing Retirement and Investment Assets

As Falcon has attracted many established professionals and military families, property division often involves more than simply dividing bank accounts and household belongings. Retirement plans, military pensions, investment accounts, stock options, and real estate holdings frequently represent some of the most valuable assets in a divorce. Properly identifying, valuing, and dividing these assets can have a lasting impact on each spouse’s financial future.

Balancing Children’s Activities and Parenting Time

Many children in Falcon participate in sports leagues, school activities, and community programs throughout eastern El Paso County. As children become more involved in these activities, parents may disagree about scheduling, transportation responsibilities, and how activities fit within an existing parenting plan. Creating a parenting arrangement that supports a child’s interests while allowing both parents to remain actively involved often requires thoughtful planning and cooperation.

Managing High-Conflict Co-Parenting Relationships

Even after a divorce is finalized, disputes can continue regarding communication, decision-making, parenting time exchanges, and compliance with court orders. High-conflict co-parenting situations can place significant stress on both parents and children. In these cases, having clear court orders and experienced legal guidance can help reduce conflict and provide a framework for resolving future disagreements.

At Ascent Legal Group, we understand the unique challenges Falcon families face when navigating divorce, child custody disputes, child support matters, and other family law issues. Our team works closely with clients to develop practical solutions tailored to their family’s specific circumstances and long-term goals.

Why Families In Falcon Choose Ascent Legal Group

At Ascent Legal Group, we understand the emotional and financial challenges that accompany family law cases, and we are committed to helping our clients move forward with confidence.

We take the time to understand your priorities, explain your options, and develop a plan tailored to your specific situation rather than relying on a one-size-fits-all approach. Our team provides clear guidance at every stage of the process so you can make informed decisions about your future.

While we are always prepared to advocate aggressively when necessary, we recognize that litigation is not always the best solution. Whenever possible, we help clients pursue negotiated settlements that reduce conflict, save money, and provide greater control over the outcome of their case. However, if an agreement cannot be reached, we are fully prepared to represent your interests in court.

We also understand that legal fees are a concern for many families. In addition to traditional attorney representation, qualifying clients may be able to work with a Colorado Licensed Legal Paraprofessional (LLP). LLPs can assist with many family law matters at a lower cost than hiring an attorney, helping more individuals access quality legal representation when they need it most.

We are proud to help individuals and families throughout Falcon and El Paso County resolve complex family law matters. Whether you need assistance with divorce, child custody, child support, spousal maintenance, or post-decree modifications, our team is ready to help you protect what matters most.

Schedule a Free 30-Minute Consultation with a Falcon Family Law Attorney

Family law disputes can have lasting effects on your finances, your children, and your future. Whether you are filing for divorce, negotiating a parenting plan, requesting a modification, or dealing with another family law matter, having knowledgeable legal guidance is vital.

At Ascent Legal Group, we understand that every family has different priorities and challenges. Our legal team takes the time to learn about your goals before developing a strategy designed to protect what matters most to you. Call us at 719-256-0067 or complete our online contact form to schedule a free consultation with a Falcon family attorney.

Frequently Asked Questions

Is Mediation Required Before My Case Goes to Trial? 

In many Colorado family law cases, the court may require the parties to participate in mediation before scheduling a contested hearing or trial. Mediation often helps families resolve disputes involving parenting time, property division, or support while avoiding the expense and uncertainty of litigation. Even when mediation is not mandatory, it can be an effective way to reach a mutually acceptable agreement.

Should My Parenting Schedule Change As the Kids Grow?

In many situations, children benefit from a different parenting schedule as they mature and reach different developmental stages. When kids are young, they often benefit from frequent contact with both parents. When they are older, it may make more sense to reduce transitions and allow them to stay with each parent for a longer stretch of time (such as alternating weeks). You don’t have to change your parenting schedule, but it may make sense to modify it based on your family’s dynamics.

What Should I Bring to My Initial Family Law Consultation? 

To make your consultation as productive as possible, bring any documents related to your case, such as court filings, financial records, tax returns, pay stubs, existing court orders, prenuptial agreements, and/or any relevant communications. If you don’t have any of these documents yet, don’t worry. Our Falcon family lawyers can explain what documents you’ll need as your case proceeds.

How Do Military Deployments Affect Custody Orders In Falcon?

When evaluating deployment-related custody issues, courts focus on the child’s best interests while also considering the practical realities of military service. Depending on the circumstances, temporary adjustments may be made to parenting schedules, communication arrangements, and decision-making responsibilities during the deployment. Once the service member returns, the court may restore the prior parenting arrangement or evaluate whether additional modifications are appropriate. If you are facing deployment or have concerns about how a co-parent’s deployment may affect your parenting plan, consulting with an experienced family law attorney can help you understand your rights and options.

Which Court Handles Family Law Cases For Falcon Residents?

Family law cases involving Falcon residents are generally handled through the El Paso County Combined Court, which is located in Colorado Springs. This court hears a wide range of family law matters, including divorce, legal separation, allocation of parental responsibilities (child custody), child support, spousal maintenance, post-decree modifications, and enforcement actions.

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