As parents, we want to do what is best for our kids. If you are going through a divorce or separation, you may worry about how these changes may impact your kids. You might also be concerned about things like parenting schedules, child support, and how to successfully co-parent with your former partner.
Under Colorado law, parenting responsibilities are determined based on the best interests of the child. These responsibilities include both decision-making authority (legal custody) and parenting time (physical custody). Because both parents are legally obligated to financially support their children, child support is often ordered in child custody cases. Our Highlands Ranch family lawyers can guide you through these matters while advocating for your rights as a parent.
Ascent Legal Group represents clients throughout Douglas County and the greater south Denver metro area in a range of Colorado family law matters, including divorce, spousal maintenance, child custody, and child support. Contact our law offices today to schedule a free 30-minute consultation with a Highlands Ranch family law attorney.
Our Highlands Ranch Family Law Practice
At Ascent Legal Group, we are proud to serve clients in Highlands Ranch and the surrounding communities in all types of family law matters. In addition to our team of highly skilled attorneys, we also offer the option of working with an experienced Colorado Licensed Legal Paraprofessional (LLP). This gives our clients the ability to choose a more cost-effective form of representation for certain family law cases.
Divorce
In Colorado, divorce is legally known as a dissolution of marriage. Colorado is a no-fault divorce state, which means that you do not have to prove wrongdoing (like cruelty or adultery) to end your marriage. If your relationship is “irretrievably broken” and there is no reasonable chance of reconciliation, you can seek a divorce.
Before filing, you must meet Colorado’s residency requirements. Specifically, at least one spouse must have lived in Colorado for at least 91 days before the petition is filed. If minor children are involved, they must have lived in Colorado for at least 182 days (approximately 6 months) before the court has jurisdiction over custody matters.
The divorce process begins when one spouse files a Petition for Dissolution of Marriage in district court and serves it on the other spouse. That spouse has 21 days to respond (or 35 days if they live outside of Colorado). While the case is ongoing, either party can request temporary orders on matters such as parenting time, child support, and spousal maintenance.
Both spouses must exchange detailed financial disclosures, even in uncontested divorce cases. These disclosures require each spouse to detail their income, assets, debts, and monthly expenses. Accurate financial information is essential to ensure that decisions about property division and spousal maintenance are fair.
When it comes to dividing marital property, Colorado follows the principle of equitable distribution. This means that assets and debts are divided fairly, but not necessarily equally. A court will consider factors such as the length of the marriage and each spouse’s contributions. If one spouse demonstrates financial need, the court may also award spousal maintenance (alimony).
Many divorcing couples in Highlands Ranch are able to resolve their cases through negotiation or mediation. If the parties can agree on property division, maintenance, parenting responsibilities, and child support, the court will approve the agreement as long as it is fair and in the best interests of the children. Our Highlands Ranch family law attorneys are experienced negotiators who can help with mediation and developing settlement agreements.
If it isn’t possible to come to an agreement, the case may proceed to trial. A judge will hear evidence and decide any unresolved issues. Colorado has a mandatory 91-day waiting period before a divorce can be finalized. Even in an uncontested case, it will be at least 3 months before your divorce decree is granted.
If you are thinking about divorce in Highlands Ranch, our law firm can help. Our family lawyers will work diligently to protect your interests and guide you through each step of the divorce process.
Modification of Spousal Maintenance
Spousal maintenance or support may be awarded when one spouse requires financial support after divorce. However, life circumstances can and do change over time. In certain situations, it may be possible to modify or terminate an order for spousal maintenance.
Under Colorado law, modification generally requires a substantial and continuing change in circumstances. This requires something more than a minor or temporary change. Examples of situations that may qualify for a modification include:
- A significant increase or decrease in income
- Job loss or career change
- Disability or serious illness
Importantly, modification can only be granted if the original order allows for it. Some agreements designate maintenance as non-modifiable. Additionally, any request for a modification must be filed before the maintenance term expires.
Courts can also consider situations such as a good-faith retirement, increased medical expenses, or other substantial financial changes. In some cases, maintenance may be terminated entirely.
Spousal maintenance disputes can often become highly contentious. Our Highlands Ranch family lawyers can help you build a strong case for having your spousal maintenance order modified or opposing a request for modification.
Parenting Responsibilities and Modification of Child Custody
In Colorado, child custody is referred to as parenting responsibilities. It includes two main components: decision-making authority and parenting time.
Decision-making responsibility allows a parent to make decisions about important issues in a child’s life, such as education, healthcare, and religion. Courts often award joint decision-making authority unless there is a compelling reason not to do so. For example, if one parent refuses to follow doctors’ advice regarding medical treatment for their child, a court may award decision-making authority to the other parent specifically for healthcare.
Parenting time refers to the schedule of overnight visits and the time that each parent spends with their child. Parenting time directly affects child support calculations. For child support purposes, a parent with fewer than 90 overnights per year is typically treated as the primary support-paying parent under the guidelines.
All custody determinations are based on the best interests of the child. Courts will look at numerous factors to decide what is in a child’s best interests. This may include:
- 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.
Many families in Highlands Ranch choose to create parenting plans without direct court involvement, through negotiation or mediation. A mutually agreed-upon parenting plan is often less stressful and less costly than litigation. Our attorneys can help you draft and formalize a plan that complies with Colorado law and protects your child’s best interests.
While some parents may choose to work out an informal custody arrangement, it is important to understand that these types of agreements are not enforceable unless approved by a court. With an informal agreement, if something goes wrong, you don’t have the remedies you would have with a court order. Our team can help you draft, negotiate, and submit a parenting plan to the court so that your agreement will be both formalized and fully enforceable.
Custody orders can be modified if there has been a substantial change in circumstances and if the modification is in the child’s best interests. For example, if one parent has to relocate for work or their work schedule changes, that might justify a modification. Unless there are special circumstances, parents can only request a child custody modification once every 2 years.
Child custody matters are deeply personal and can be highly emotional. Our Highlands Ranch family law attorneys will advocate for solutions that protect your parental rights and your relationship with your child.
Colorado Child Support Modifications
Colorado follows the income shares model to calculate child support. This approach is based on the principle that children should receive the same proportion of parental income that they would have received if their parents lived together.
Child support is calculated using statutory guidelines. These guidelines consider:
- Each parent’s gross income, such as wages, bonuses, commissions, overtime, Social Security benefits, trust income, and unemployment benefits;
- Any income earned by the child;
- The number of overnights the child spends with each parent;
- Costs for health insurance and childcare; and
- Other support obligations, including support for children from other relationships and spousal maintenance paid or received.
After determining the parents’ combined income, courts will use statutory charts to calculate a base child support obligation. The court can then make adjustments for additional or unusual expenses, such as healthcare and childcare. All child support payments are processed through the Colorado Family Support Registry.
If your financial circumstances change due to things like job loss, reduced income, or increased medical expenses, you can request a modification of child support. Our Highlands Ranch family law attorneys can help to ensure that any child support order reflects your current financial reality and that it also complies with Colorado law.
Because child support calculations can be complex, experienced legal guidance is invaluable in these cases. Our law firm works hard to ensure that all child support orders are fair, accurate, and consistent with statutory requirements.
Reach Out for a Free 30-Minute Consultation with a Highlands Ranch Family Law Attorney
Divorce, child custody, and child support disputes are among the most difficult and challenging legal matters a person can face. As experienced Highlands Ranch family lawyers, we understand Colorado family law and how courts in Douglas County will likely apply it to your situation. We are skilled negotiators who are committed to resolving cases amicably whenever possible, and tough litigators who are ready, willing, and able to take your case to court when necessary to protect your rights.
At Ascent Legal Group, we provide comprehensive legal representation for Colorado family law matters, including divorce, legal separation, child custody, parenting time, and child support. Our Licensed Legal Paraprofessional also offers an affordable alternative for qualifying family law cases. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule your free 30-minute consultation with a Highlands Ranch family law attorney.