Family law cases can be some of the toughest to go through as a client. At Ascent Legal Group, we offer skilled, compassionate legal representation to individuals in Fountain, Colorado. We represent clients in divorce, child custody, child support, and related matters, helping them get the best possible outcome.
We provide personalized, trusted legal advocacy for each of our clients. We will guide you step-by-step through your family law matter, taking your concerns seriously and working with you to develop a comprehensive strategy for your case. Contact our law offices today to schedule a free 30-minute consultation with a Fountain family law attorney.
Family Law Cases We Handle
At Ascent Legal Group, our team of Fountain family law attorneys and licensed legal paraprofessionals (LLPs) handles a wide range of family law cases. We offer legal representation in the following practice areas.
Divorce
Colorado is a “no-fault” divorce state. This means that even if your soon-to-be ex treated you badly, it is not a basis for divorce. Instead, dissolution of marriage is granted when a marriage is “irretrievably broken.”
If you have decided to get divorced, you can file for divorce in the state of Colorado if you meet the residency requirements. Under this rule, either you or your ex must have lived in Colorado for a minimum of 91 days to file for divorce. If you share minor children, then they must have lived in Colorado for at least 182 days before you file for divorce. These rules are meant to ensure that the correct court hears the divorce case, which means the court in a location where the affected parties live.
There is a 91-day waiting period for a divorce to be granted in Colorado. In theory, it is possible to get divorced in just a few months. This only happens in cases involving an uncontested divorce, where both parties agree on all of the major issues in the divorce (including property division, alimony, child custody, and child support).
For both contested and uncontested divorces, the process starts when one or both spouses file a petition for dissolution of marriage in El Paso County district court. If one spouse files the petition, they must serve it on their spouse. The other spouse then has 21 days to file an answer, or 35 days if they live outside of Colorado. The court will then set an initial status conference. After this court date, either spouse can request an order for temporary spousal support and/or child custody.
In every divorce case, both spouses are required to complete a financial disclosure before the initial status conference. These statements require details about each spouse’s income, expenses, debts, and assets. The disclosures – which are mandatory in every divorce case – are the basis for property division and spousal maintenance awards.
Colorado is a marital property state. The court will determine which of the couple’s assets and debts are marital property and then divide them equitably. Separate property remains with the spouse who owns it, although it may be considered when the court is determining a fair split of the marital property.
For many couples, it is far preferable to decide on things like property division themselves rather than leave it up to a court. When possible, the parties can negotiate an agreement that addresses all of the issues in their divorce, such as property division, alimony, child custody, and child support. A court will review the agreement and if it is fair to both parties, approve it and issue a dissolution decree.
Of course, it isn’t always possible for a couple to agree about all of the outstanding issues in their divorce. This often comes up in high-conflict divorces and in cases where one spouse is narcissistic and/or abusive in some way. At Ascent Legal Group, our Fountain family lawyers are skilled at negotiating divorce settlement agreements. We will offer you a candid assessment of your case and help you decide how to proceed based on the unique facts of your case.
If you and your spouse cannot reach an agreement, then the case will go to trial. Our experienced litigators work hard to resolve cases outside of court whenever possible. When necessary, we will advocate for you before a judge in a divorce trial.
When you have made the difficult decision to get divorced, you will need support as you move through the process. Our Fountain family attorneys will offer you legal advice and fight for your best interests at each stage of your divorce. We provide strategic legal advice that is designed to help our clients achieve the best possible outcome.
Modification of Spousal Maintenance
Spousal maintenance, or alimony, is not automatically awarded in Colorado divorce cases. Instead, a court may award spousal support (or the parties may agree to it) when one spouse needs financial support and the other spouse is able to pay it. After an order has been put into place, it may be possible for either spouse to have it modified if there has been a substantial and continuing change in circumstances.
In Colorado, spousal maintenance can be modified if the following is true:
- There has been a substantial and continuing change in circumstances (like a significant change in income, a job loss that lasts more than a few months, disability, or the remarriage of the spouse who receives the alimony).
- The spousal support agreement or order permits maintenance.
- The modification request is filed before the maintenance term expires (if the spousal maintenance term has ended, it usually cannot be reinstated).
Once a modification request has been received, a court will review it. The request may be granted for several reasons, including:
- A significant increase or decrease in either party’s income (such as a long-term job loss, promotion, or retirement).
- A severe illness or disability affecting either spouse’s ability to work.
- A substantial change in financial obligations (including medical expenses and cost of living adjustments).
A court may also decide to terminate spousal maintenance if:
- The receiving spouse remarries (including common law marriage) 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.
A request to increase, decrease, or terminate spousal maintenance can often be contentious. As seasoned Fountain family law attorneys, we can talk you through your options and the likely outcomes for this type of request. We will then advocate for you in court, working hard to protect your rights.
Modification of Parenting Time/Child Custody
Child custody is referred to as parental responsibilities in Colorado. There are two parts of parental responsibilities:
- Decision-making authority (legal custody) is a parent’s right to make decisions about important matters in a child’s life, like religion, education, and healthcare. When possible, judges order shared decision-making authority. However, if the parents cannot come to an agreement on certain issues, a judge may order that one parent has decision-making responsibility for one particular issue or for all matters. This decision will be made in the best interests of the child(ren). For example, if one parent has more extreme beliefs about healthcare that are not supported by science, then a court might award decision-making authority for medical issues to the other parent.
- Parenting time, or physical custody, is the time that each parent spends with their child. If both parents have an approximately equal number of overnight visits with their child(ren), they have joint parental responsibilities. If one parent has fewer than 90 overnights, then they are the noncustodial parent while the other parent has primary physical custody.
All decisions related to parental responsibilities in Colorado will be based on the best interests of the child(ren). When parents cannot come to an agreement on child custody, the court will issue an order after considering 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.
It is also possible to work out a parenting plan independent of the court process. Our Fountain family attorneys can advise you of your rights and help you draft an agreement to be approved by the court. While it is possible to have an informal custody arrangement, court approval is usually a good idea because you will be able to enforce your rights under the agreement if it becomes necessary in the future.
Child custody orders can be modified if there has been a change in circumstances and it is in the best interests of the child(ren). For example, if one parent remarries a person with a history of domestic violence, the other parent might seek a modification of the custody order. A parent can request a modification of custody a maximum of once every 2 years.
Establishing and modifying child custody can be incredibly draining for parents. Most parents are not thrilled about the idea of not seeing their kids every day or learning to work cooperatively with their spouse. At Ascent Legal Group, our Fountain family lawyers can help you understand your rights and work with you to develop a strategy for child custody and/or a modification request. We can help you negotiate a parenting plan or take your case to trial to advocate for your rights as a parent.
Modification of Child Support in Colorado
Colorado uses a unique system for determining child support. It starts with the premise that both parents have an obligation under the law to provide basic financial support to their children. Using the “income shares” formula, the court determines child support based on the amount of financial support that a child would have received had their parents stayed together.
In most cases, the noncustodial parent will pay child support to the parent with primary physical custody. This may be different in your case based on each parent’s financial status. Colorado courts will evaluate the following when deciding child support:
- 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.
Once the court determines each parent’s income, it will use a chart to find the parents’ combined basic child support obligation. If there are special circumstances, such as a child with higher medical needs, the combined basic child support obligation may be adjusted. This number is meant to represent what both parents would have spent on the child if they had remained a couple.
Next, the court will look at parenting time to decide who pays child support and the amount that they will pay. When a parent is ordered to pay child support, all payments will go through the Colorado Family Support Registry.
Of course, life brings many unexpected changes – many of which can impact child support. A child support order can be increased or decreased if there has been a change in circumstances and it is in the best interests of the child. For example, if one parent becomes disabled and can no longer work or physically care for a child, then the child support order may be changed to reflect the change in income and parenting time. If you believe that your situation warrants a child support modification, our Fountain family law attorneys can help you determine your rights and options.
Even though Colorado uses charts and formulas to determine child support, it can still be confusing. Ascent Legal Group can review your case with you and help you understand your rights and obligations when it comes to child support. If you want to modify the child support order in your case, we can offer you advice and representation.
Reach Out for a Free Consultation with a Fountain Family Law Attorney
Family law cases are different from many other types of legal matters because they involve what is most precious to you. Our law firm has significant experience representing individuals and families in divorce, child custody, and child support matters. We offer empathetic, effective representation to help protect your legal rights.
Ascent Legal Group represents clients throughout El Paso County who are dealing with a range of Colorado family law matters. Whenever possible, we work with our clients to negotiate an agreement with the opposing party. We will also take your case to trial as needed to fully protect your interests. Contact our law offices today by calling 719-256-0067 or by filling out our online contact form for a free 30-minute consultation with a Fountain family lawyer.