If you are a parent, then there is probably very little that you wouldn’t do to protect your children and ensure their happiness. If you are going through a divorce or a breakup, it is only natural to worry about how the change will impact your children. You might also be worried about the amount of time you will get to spend with them and how you will be able to co-parent with your former partner.
Under Colorado family law, child custody (known as parenting responsibilities) is determined according to the best interests of the child. Parenting responsibilities include both decision-making authority and parenting time. Both parents are also legally obligated to financially support their children, which may result in a child support order. Our Gleneagle family lawyers can advocate for you and help you get the best possible outcome for your case.
Ascent Legal Group represents clients throughout Colorado in family law matters, including divorce, child custody, child support, and spousal maintenance. We offer strategic, thoughtful legal representation to our clients, working out cases through negotiation whenever possible and defending our clients’ rights in court when necessary. Contact our law firm today to schedule a free 30-minute consultation with a Gleneagle family law attorney or licensed LLP.
Family Law Cases We Handle
At Ascent Legal Group, we handle all types of Colorado family law matters. Our practice includes both experienced Gleneagle family law attorneys as well as Colorado Licensed Legal Paraprofessionals (LLPs) on staff. This gives you the advantage of working with a LLP at a lower rate, while still having the option to switch to a lawyer should the need arise.
Divorce
In Colorado, a married person may seek a divorce (dissolution of marriage) without having to prove that their spouse did anything wrong. Colorado is a no-fault state, which means that you do not have to present evidence of misconduct to get divorced. If the marriage is irretrievably broken and reconciliation is not possible, then either spouse may file for divorce. A couple can also file jointly for divorce.
You can only file for divorce in Colorado if one or both spouses have lived in Colorado for a minimum of 91 days prior to filing the petition. If you share minor children with your spouse, then the children must have lived in Colorado for at least 182 days prior to filing for a Colorado court to have jurisdiction over the children.
The Colorado divorce process involves several steps. One spouse will file a Petition for Dissolution of Marriage in El Paso County district court. The other spouse has 21 days to respond to the petition (with additional time if the responding spouse lives outside of Colorado). Once the case is filed, either spouse can seek temporary orders for spousal maintenance, child custody/parenting time, and/or child support.
In Colorado, both parties are required to submit financial disclosures. Even in uncontested divorces, where the spouses agree to the terms of the divorce, financial disclosures are mandatory. Each spouse will be required to list their income, assets, expenses, and debts on these forms. The purpose of the disclosures is to ensure that any agreement regarding property division or spousal maintenance is based on accurate numbers.
Colorado is an equitable distribution state, which means that property is divided fairly (not necessarily equally). Courts will look at various factors, such as the length of the marriage and each spouse’s contributions to the marital estate, before dividing up the marital property. In some cases, a judge may decide to award spousal support to one party who demonstrates financial need.
In some cases, a couple is able to negotiate a separation agreement. If you can negotiate an agreement on issues like property division, child custody, and child support, it is often a less expensive and time-consuming way to get divorced. A court will approve the agreement if it is fair to both parties and complies with Colorado law. Our Gleneagle family law attorneys can assist with negotiations and mediation.
If you cannot reach an agreement with your spouse, the case will go to trial, where a judge will decide issues based on Colorado law. Once the trial concludes or an agreement is approved, the court will issue a final decree of dissolution. In Colorado, there is a mandatory 91-day waiting period for a divorce to be finalized, even in uncontested divorces.
While no one enters into a marriage expecting it to end, it is often better to get divorced rather than to stay in an unhappy marriage. Our Gleneagle family lawyers can offer you strategic advice about your divorce and advocate for you in negotiations, mediation, and litigation. If you want to pursue an uncontested divorce, we can help you formalize a separation agreement that will be approved by a Colorado court.
Modification of Spousal Maintenance
Spousal maintenance, or alimony, may be awarded when one spouse requires financial support following a divorce. If circumstances change after the divorce, it may be possible to modify or terminate a maintenance obligation. Generally, this requires that the maintenance be non-contractual as well as strong evidence of a substantial and continuing change in circumstances that makes the existing maintenance order unfair.
Under Colorado law, spousal maintenance may be increased or decreased when:
- There has been a substantial and ongoing change in circumstances, such as a significant, non-temporary change in income, job loss, or disability;
- The original maintenance order allows for modification, as some agreements specify that maintenance is non-modifiable; and
- The request for modification is filed before the maintenance term expires, since maintenance typically cannot be reinstated once it ends.
Either spouse can request a modification of maintenance. A court may grant the petition for modification based on factors such as:
- A significant increase or decrease in either party’s income;
- A serious illness or disability affecting a party’s ability to work;
- Remarriage or supportive cohabitation by the receiving spouse (which will lead to termination); or
- A major change in financial obligations, such as significant medical expenses or cost-of-living changes.
In limited circumstances, spousal maintenance may also be terminated, such as when the receiving spouse remarries. If the paying spouse retires in good faith and has a significant reduction in income, that may also justify a termination of maintenance.
Modification of spousal maintenance cases is often highly contested. Our experienced Gleneagle family lawyers can help you build a strong case in support of, or in opposition to, a request to modify spousal maintenance.
Modifying Child Custody/Parenting Time
In Colorado, parental responsibilities (commonly referred to as child custody) include two key components. The first is decision-making authority, which involves making major decisions about a child’s life. These decisions aren’t defined by a statute, but they typically include decisions revolving around education, healthcare, religious upbringing, and other important matters. Decision-making authority is often shared, although in some cases, it may be awarded to one parent.
The second component is parenting time. Parenting time refers to how much time each parent spends with the child. Having sufficient parenting time is important both for maintaining strong parent-child relationships and for calculating child support. When one parent has fewer than 92 overnights per year, the other parent is considered to have sole parenting time for support calculations.
All custody decisions in Colorado are made based on the “best interests of the child” standard. Courts will consider numerous factors, including:
- The wishes of the parents;
- The child’s preference, if the child is mature enough to express a reasoned opinion;
- The child’s relationships with parents, siblings, and other significant individuals;
- The child’s adjustment to home, school, and community;
- The mental and physical health of everyone involved;
- Each parent’s ability to encourage the child’s relationship with the other parent
- The parents’ past involvement with the child;
- The distance between the parents’ residences and its impact on parenting time;
- Each parent’s willinging to put the child’s needs first; and
- Any history of domestic violence
Parents can also work out a parenting plan together, without having a judge decide. This approach is often less expensive and less emotionally difficult. However, if you cannot come to an agreement, our Gleneagle family law attorneys can assist with negotiations and work towards a court-approved parenting plan.
Some parents, particularly those who were never married, may work out an informal parenting plan. While these agreements might work in the short-term, they are not enforceable. This means that if your situation changes or you have a dispute, you cannot go to the courts for help. We can help you negotiate, draft, and submit a formal parenting plan for court approval. If the plan is in the child’s best interests, it will likely be approved by the court.
Custody orders can be modified in Colorado. This is typically only permitted when there has been a change in circumstances and the modification is in the best interests of the child. Unless there is an emergency situation, parents can only request a custody modification that also changes the primary caregiver once every two years.
Child custody matters can be emotionally challenging. Our Gleneagle family lawyers will help you understand your rights and options. We can also help you negotiate a parenting plan that protects both you and your child. At the same time, we will prepare to litigate your case if necessary to defend your interests.
Modification of Child Support
In Colorado, both parents are financially responsible for their children. Even if they split up, they are both obligated to provide the same level of support that their child would have received if the parents had stayed together. Colorado uses the “income shares” method to determine child support.
To determine child support, Colorado’s child support guidelines will look at factors such as:
- Each parent’s gross income;
- Any income earned by the child;
- The number of overnight visits the child has with each parent;
- Health insurance, childcare, and daycare costs; and
- Other support obligations, including child support for children from other relationships and spousal maintenance.
After determining each parent’s income, the court calculates a combined child support obligation using statutory charts. Judges may deviate from the guideline amount to account for extraordinary expenses, such as medical or childcare costs. The final obligation is then divided between the parents based on parenting time, and payments are processed through the Colorado Family Support Registry.
Typically, the parent with the majority of overnight visits receives child support from the other parent. However, child support determinations are governed by a detailed formula and statutory guidelines. The child support calculation in your case will be based on the facts and details of your situation.
If your financial situation has changed significantly and for more than a temporary period of time, then you may be able to successfully modify your child support order with the assistance of a Gleneagle family law attorney. For example, a modification may be justified by a job loss, a reduction in income, or the increased medical needs of a child.
Child support matters are often complicated, even with established guidelines. If you share custody of your children with an ex, our law firm can help you establish, enforce, or modify a child support order in El Paso County, Colorado.
Schedule a Free 30-Minute Consultation with a Gleneagle Family Law Attorney Today
Few people want to go through a divorce or be involved in a custody battle. Yet if you find yourself in a place where divorce is the only option or you want to protect your rights as a parent, going through the legal system may become necessary. Our Gleneagle family lawyers offer thoughtful, strategic legal advice with the goal of helping our clients get the best possible outcome for their case.
At Ascent Legal Group, we represent clients in a wide range of Colorado family law matters, including divorce, legal separation, child support, and child custody cases. We also advocate for clients in family law modification cases. 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 Gleneagle family law attorney.