There are few types of legal cases that carry the same emotional weight as those involving families. Whether you are contemplating divorce, navigating a child custody dispute, or looking to modify spousal support, these situations can be both incredibly personal and deeply stressful. At Ascent Legal Group, our Fort Carson family law attorneys provide compassionate, steady guidance to families from the first consultation until your case is fully resolved.
Our law firm proudly serves clients throughout El Paso County, Colorado, offering experienced and empathetic legal counsel for families. We understand that divorce, custody, and support issues are about far more than legal outcomes, and treat each client with compassion and respect. If you need help navigating a Colorado family law issue, contact Ascent Legal Group and schedule a free 30-minute consultation with one of our skilled Fort Carson family lawyers.
Family Law Matters We Handle
At Ascent Legal Group, we are honored to help individuals and families in the Fort Carson area with a full range of family law cases. Our legal team includes both experienced Colorado family law attorneys and licensed legal paraprofessionals (LLPs), allowing us to offer high-quality, cost-effective representation that is tailored to your needs.
We regularly assist clients with matters such as:
- Divorce
- Military divorce
- Legal separation
- Parenting time (custody) arrangements and modification
- Child support orders and modification
- Spousal maintenance (alimony) and modification
We know that each family’s situation is unique. We take the time to understand your concerns and your goals before developing a legal strategy that is designed to protect your rights.
Divorce
In Colorado, a divorce – which is legally referred to as a dissolution of marriage – is the formal, legal end to a marriage. In a divorce, property division, spousal maintenance, and parental responsibilities will be addressed through agreement or by the court.
Colorado follows a no-fault divorce system, which means that neither spouse has to prove wrongdoing. The only legal requirement to get divorced in Colorado is an allegation that the marriage is irretrievably broken. You will not need to provide evidence that your spouse was unfaithful, abusive, or otherwise treated you poorly.
To file for divorce in Colorado, either you or your spouse must have lived in the state for at least 91 days before filing. If you have minor children, they must have resided in Colorado for at least 182 days before the court can issue custody orders. These residency requirements ensure that only Colorado residents get divorced in our state.
Once you file, there is a mandatory 91-day waiting period before a judge can finalize the divorce. Even in uncontested divorces, where both parties agree on all terms of the divorce, you cannot get divorced for at least three months.
If you and your spouse agree on key issues in the case, including property division, child custody and support, and spousal maintenance, then you may seek an uncontested divorce. This option is usually faster, more affordable, and less stressful.
However, if you disagree on one or more issues in your divorce, then your case will be considered a contested divorce. This type of divorce often requires additional negotiations, mediation, or even a trial before a judge. While a contested divorce can take longer, our Fort Carson divorce attorneys are skilled negotiators and litigators who will advocate for your best interests every step of the way.
The divorce process begins when one spouse files a petition for dissolution of marriage. If the divorce is uncontested, both spouses may file the petition as co-petitioners. For a contested divorce, the filing spouse must serve the petition on the other party, who then has 21 days (35 if they live outside of Colorado) to respond.
At the start of the case, either spouse may request temporary orders. These orders can cover matters such as child custody, child support, and spousal maintenance. If issued, the orders will remain in effect until the final divorce decree is issued.
Both parties will be required to complete a financial disclosure, listing all income, expenses, assets, and debts. These disclosures are necessary to ensure the fair division of marital property under Colorado law. Financial disclosures are mandatory in all divorce cases, including uncontested divorces.
Colorado is an equitable distribution state. This means that marital property (which typically includes assets and debts acquired during the marriage) is divided fairly, although not always equally. Separate property, such as assets owned before marriage or received as gifts or through inheritance, is not subject to equitable distribution.
Determining which property is marital versus separate can be complicated. For example, while separate property may not be divided in a divorce, the increase in value in that property during a marriage is considered marital property. Our attorneys will work diligently to ensure that the property division in your case reflects your fair share of the marital property and protects your financial interests.
Whenever possible, our Fort Carson divorce lawyers encourage our clients to work out a settlement agreement through negotiation or mediation. A fair, well-drafted agreement can save time, lower costs, and reduce conflict. Once both parties agree on all applicable terms, a judge will review and then approve the settlement before issuing a divorce decree.
If a settlement isn’t possible, then the case will proceed to trial. At trial, a judge will make the final decision on all contested issues. While this process can take a year or longer, our attorneys will guide you through each step of the process and advocate for your rights in court.
Divorce can be one of life’s most difficult transitions, yet is often the right choice for a couple. At Ascent Legal Group, our legal team will provide you with the clarity, insight, and support that you need to navigate your divorce successfully.
Modifying Spousal Maintenance
In Colorado, spousal maintenance (commonly known as alimony) is not automatically granted in a divorce. It may be awarded in cases where one spouse requires financial support and the other has the ability to pay it.
Over time, a person’s financial situation may change. When that occurs, either party can request a modification or termination of maintenance. Courts will grant a change to spousal maintenance if there is a substantial and continuing change in circumstances. A judge will not modify or terminate maintenance simply because of a temporary setback, like a brief period of unemployment.
A court may consider modifying a spousal maintenance order or agreement if:
- There has been a substantial and continuing change in circumstances (such as job loss, a major promotion, or retirement);
- The original maintenance order permits modification (some divorce settlements specifically prohibit modification); and
- The modification request is filed before the maintenance term has ended.
A court may grant a modification of maintenance in situations such as:
- A significant increase or decrease in either party’s income;
- One spouse suffers a serious illness or disability that affects their earning capacity;
- The receiving spouse remarries or enters a common-law marriage; and/or
- One spouse has a substantial change in financial responsibilities.
In some cases, spousal maintenance may be terminated if:
- The receiving spouse remarries or begins cohabitating in a financially supportive relationship.
- The paying spouse retires in good faith and experiences a significant income reduction.
- The receiving spouse becomes financially independent.
If you believe that your circumstances justify a change to an existing maintenance order, Ascent Legal Group can help. During a free initial consultation, our Fort Carson family law attorneys will evaluate your situation and determine the best strategy for seeking an increase, reduction, or termination of support. We will then advocate on your behalf to make sure that any modification reflects your current financial reality.
Modifying Parenting Time and Child Custody in Colorado
In Colorado, child custody – officially referred to as parental responsibilities – is designed to protect the best interests of the child above everything else. It includes two components: decision-making authority (legal custody) and parenting time (physical custody).
Parental responsibilities include:
- Decision-making authority gives a parent the legal right to make important choices about their child’s life, including issues related to education, healthcare, and a religious upbringing. In most cases, decision-making authority is shared between both parents. If joint decision-making authority creates conflict or is not in the child’s best interest, a judge may give full authority to one parent for one or more issues.
- Parenting time determines how much time each parent spends with their child. When both parents have approximately equal overnight stays, the court classifies this as joint parental responsibility. If one parent has fewer than 90 overnight visits per year, they are considered the noncustodial parent, while the other parent has primary custody.
Colorado courts favor joint parental responsibilities whenever possible. If parents cannot come to an agreement on a parenting plan, a judge will make the determination based on the best interests of the child. In doing so, the court will consider factors such as:
- The parents’ wishes;
- The child’s preference (if they are mature 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.
No two custody cases are the same. Courts have broad discretion to weigh each of these factors and come to a decision based on the circumstances and the best interests of each child.
Whenever possible, our Fort Carson child custody lawyers encourage parents to reach a mutually agreeable parenting plan instead of leaving the decision to the court system. A negotiated agreement gives parents greater control over the outcome and can be less costly and stressful.
Even if you have been able to informally co-parent successfully, it is important to formalize your agreement with a court-approved parenting plan. Without an official order, you won’t be able to enforce parenting time or decision-making authority if disagreements crop up in the future. Our attorneys can help you prepare, negotiate, and get court approval for a parenting plan that protects your rights and your child’s best interests.
Parental responsibility orders are not set in stone. Either parent may petition the court for a modification if there has been a significant change in circumstances and the proposed change would be in the best interests of the child. Under Colorado law, a parent can seek a modification once every two years (unless there are exceptional circumstances, such as the child’s health or safety being in danger). Examples of potential reasons for a custody modification include:
- A parent relocating for a new job
- A significant change to work schedules or living situations
- A parent’s failure to comply with the existing parenting plan
- A child receiving a diagnosis that will mean they require greater levels of care and support
Custody disputes can be emotionally wrenching, and reaching an amicable agreement may not always be possible. At Ascent Legal Group, our Fort Carson family lawyers approach each custody case with compassion and determination. Our goal is to help protect your parental rights and the best interests of your child.
Modifying Child Support in Colorado
Child support in Colorado is focused on the principle that both parents share financial responsibility for their children. The goal of the Colorado child support system is to make sure that children receive financial support that reflects the combined income of both parents. This is known as the “income shares” model.
Typically, the parent who spends less time with the child (the noncustodial parent) will pay child support to the parent with primary custody. To calculate child support, the court will consider:
- 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.
Using this information, the court will determine each parent’s income. It will then use a child support guideline chart to calculate the total financial support necessary to cover the child’s needs.
Once the combined child support obligation is set, the court will allocate payments based on each parent’s custodial time.. All child support payments are paid through the Colorado Family Support Registry.
Child support orders can be changed if there has been a change in circumstances that affects either the child’s needs or a parent’s ability to pay. Common reasons for modification include:
- An increase or decrease in a parent’s income
- Changes in the child’s medical or educational needs that lead to increased expenses
- Modifications of parenting time arrangements
Either parent may petition the court to increase or decrease child support based on these changes. A court will be more likely to grant such a modification if the change in circumstances is ongoing, rather than temporary.
Although Colorado’s income shares guidelines provide a method for calculating child support, the determination of exactly what child support is owed can be complicated. This is particularly true in cases where there are special circumstances, such as a child with unique needs. At Ascent Legal Group, our Fort Carson family law attorneys understand these complexities and will work with you to pursue a modification of child support based on your family’s circumstances.
Schedule a Free Consultation with a Fort Carson Family Law Attorney
Dealing with family law issues can be overwhelming. At Ascent Legal Group, we are dedicated to shepherding clients through all types of family law matters, from uncontested divorces to complex custody disputes and modifications of family law orders. We also have significant experience handling military divorces for families in the Fort Carson region.
Our Fort Carson family lawyers have extensive experience representing clients throughout El Paso County, Colorado. Whenever possible, we encourage our clients to negotiate or mediate a resolution to their case. If necessary, we will take your case to court to protect your interests. Contact law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with a Fort Carson family law attorney.