Few legal matters are as personal or as emotionally challenging as those involving your family. Whether you are considering divorce, working through a child custody dispute, or seeking to modify spousal support, these issues can impact nearly every aspect of your life. At Ascent Legal Group, our Littleton family law attorneys provide thoughtful, steady guidance from your first consultation through the final resolution of your case.
Our firm proudly serves clients throughout Arapahoe, Jefferson, and Douglas Counties. We offer experienced and compassionate legal representation across a full range of Colorado family law matters. We know that divorce, child custody, and child support cases aren’t just legal disputes to our clients because they involve their children, their finances, and their future. If you need assistance with a Colorado family law issue, contact Ascent Legal Group to schedule a free 30-minute consultation with one of our skilled Littleton family lawyers.
Family Law Services We Provide
At Ascent Legal Group, we help individuals and families in the Littleton area with a wide variety of family law concerns. Our team includes both experienced Colorado family law attorneys and licensed legal paraprofessionals (LLPs). This allows us to deliver high-quality, cost-effective services tailored to your specific needs.
We regularly handle cases involving divorce, military divorce, legal separation, parenting time (custody), child support, and spousal maintenance (alimony). We know that each family’s situation is different. We take the time to understand your priorities before crafting a legal strategy that is designed to safeguard your rights and achieve your goals.
Divorce in Colorado
In Colorado, divorce is legally referred to as a “dissolution of marriage.” This process formally ends a marriage while addressing critical issues such as property division, spousal maintenance, and parenting responsibilities.
Colorado is a no-fault divorce state. This means that neither spouse has to prove misconduct in order to get divorced. The only requirement is stating that the marriage is irretrievably broken. You do not need to show evidence of things like infidelity or abuse.
To file for divorce in Colorado, one of the parties must have lived in the state for at least 91 days prior to filing. If minor children are involved, they must have lived in Colorado for at least 182 days before a court can make any custody determinations. These residency rules ensure that the state has jurisdiction over your case.
After filing, there is a mandatory 91-day waiting period before a judge can finalize the divorce. Even if both parties agree on all terms, the divorce cannot be completed sooner than 3 months from the date of filing.
If both spouses agree on all major issues – including property division, spousal maintenance, parenting time, and child support – then the divorce can proceed as uncontested. This type of divorce is usually much faster, less expensive, and less stressful.
If a couple cannot agree on one or more issues, the divorce is considered contested. A contested divorce may require negotiation, mediation, or even a trial to resolve. While contested divorces often take longer, our Littleton divorce attorneys are experienced negotiators and litigators who will advocate vigorously for your interests.
The divorce process begins with filing a petition for dissolution of marriage. In uncontested cases, the spouses may file jointly. In contested cases, the filing spouse must serve the other party, who has 21 days (or 35 days, if outside Colorado) to respond.
Either party can request temporary orders while the divorce is pending. These orders can address parenting time, child support, and spousal maintenance while the divorce is pending.
Both spouses must complete sworn financial disclosures where they list income, expenses, assets, and debts. These disclosures are required in every divorce case, including uncontested divorces, to ensure a fair division of marital property.
Colorado follows an equitable distribution model for property division. Marital property, which generally includes assets and debts acquired during marriage, is divided fairly (although not necessarily equally). Separate property, such as premarital assets or inheritances, is typically excluded from division. Increases in the value of separate property during a marriage may be considered marital property.
Property division can be complex. Our attorneys will work diligently to ensure that the property division in your case accurately reflects your financial contributions and protects your financial stability. Whenever possible, we will work towards settlement through negotiation or mediation. A well-crafted settlement agreement can often reduce both costs and conflict. If we can’t reach a settlement, we will take your case to trial and advocate for a fair outcome.
Modifying Spousal Support
Spousal maintenance, or alimony, is not automatically awarded in Colorado divorces. It may be ordered in cases where one spouse demonstrates financial need, and the other spouse has the ability to pay support.
Life circumstances can often change after a divorce is finalized. If there has been a substantial or continuing change in circumstances, either party may request a modification or termination of maintenance. To qualify, the change must be something more than minor and temporary.
Courts may consider ordering a modification of spousal maintenance if there has been a significant, ongoing financial change (such as a job loss, promotion, or retirement). In addition, the request must be filed before the maintenance term expires. Finally, the original agreement must allow for modification.
Maintenance may be adjusted upwards or downwards for any number of reasons. Common reasons for modification include serious illness or disability, a significant shift in either party’s income, or major financial changes.
Maintenance can also be terminated in some circumstances. This may include situations such as:
- The receiving spouse becomes self-supporting.
- The paying spouse retires in good faith and has a meaningful reduction in income.
- The receiving spouse remarries.
If your financial situation has materially changed, our Littleton family law attorneys can evaluate whether a modification of spousal maintenance is appropriate. We can also guide you through the process if you decide to move forward with a modification request.
Parenting Time/Child Custody
In Colorado, child custody is referred to as the allocation of parental responsibilities. This includes two components:
- Decision-making authority is the ability to make major decisions about a child’s life, related to issues such as healthcare, education, and religion. Courts typically award shared decision-making authority unless there is a good reason to not do so.
- Parenting time determines how much time each parent spends with the child. Colorado courts generally prefer arrangements that encourage frequent and continuing contact with both parents whenever possible.
If parents cannot agree on a parenting plan, the court will decide based on the best interests of the child. A judge 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.
Courts have discretion to weigh each of these factors to come to a decision based on the best interests of the child.
Whenever possible, we encourage parents to reach a negotiated parenting agreement. A mutually agreed-upon plan offers greater control for both parents. It can also reduce the stress of going through a custody battle.
Some parents are able to work out an informal parenting plan after a breakup or divorce. While it is always good to be able to co-parent cooperatively, these agreements aren’t enforceable. Our team can help you prepare a parenting plan and get it approved by the court so that your legal rights are established when it comes to custody of your child.
Once parenting responsibilities have been established, the order can be modified if there has been a significant change in circumstances that impacts the child’s best interests. Common examples of a change that may justify a custody modification include relocation, concerns about a child’s safety, or major schedule changes.
Colorado courts always place the best interests of the child at the forefront of any custody decision, including modifications. Our Littleton child custody lawyers can help you decide if seeking a modification of parenting time is appropriate and will advocate for your rights as a parent throughout the process.
Modifying Child Support
Colorado follows the “income shares” model when it comes to child support. This aims to ensure that children benefit from the combined financial resources of both parents, regardless of whether or not their parents are still together romantically.
Courts calculate child support by looking at:
- Each parent’s gross income
- Number of overnight visits
- Health insurance and childcare costs
- Other support obligations
- Any additional relevant financial factors.
Using this information, the court will determine each parent’s income. It will then use Colorado’s child support guidelines to calculate the total financial support the child needs to cover their expenses.
This combined child support obligation will then be allocated based on each parent’s custodial time. Typically, the parent with less parenting time will pay the parent with primary custody (although there are exceptions to this general rule). Once established, child support payments are made through the Colorado Family Support Registry.
Child support can be modified if there has been a substantial and ongoing change in circumstances that impacts a child’s needs or a parent’s ability to pay. This may include changes to income, parenting time, or increased expenses for a child’s medical or educational needs.
While Colorado’s child support guidelines provide a framework, calculating child support accurately can be complex. This is particularly true in cases where a child has special needs. Our attorneys will work with you to make sure that the child support payments for your child reflect your family’s current financial reality.
Schedule a Free Consultation with a Littleton Family Law Attorney
Family law disputes can often feel overwhelming. Fortunately, you don’t have to navigate these matters alone. At Ascent Legal Group, we help clients in Littleton and the surrounding areas with everything from amicable divorces to complex custody litigation. We also represent clients in post-decree modification cases.
Whenever possible, our team promotes negotiation and mediation to achieve a more cost-effective and efficient solution for our clients. We also offer an option to work with an experienced LLP to reduce expenses. If litigation becomes necessary, our team is prepared to aggressively advocate for your rights. Contact our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation.