When you’re a parent, your child’s safety, happiness, and future are a priority. If you have decided to get divorced or to separate from the other parent, it’s natural to worry about how these changes will affect your children. You might also have concerns about the financial aspect of your divorce, along with questions about parenting time and child support.
Under Colorado law, parental responsibilities are determined based on the best interests of the child. These responsibilities include both decision-making authority and parenting time (typically referred to as “custody” in other jurisdictions). Both parents are also required to financially contribute to their child’s upbringing, which may involve paying child support. Our Lone Tree family lawyers are here to guide you through these and related issues, advocating for you and protecting your rights every step of the way.
At Ascent Legal Group, we represent clients in family law matters throughout Douglas County and the greater Lone Tree area. We understand that these cases are deeply personal and often emotionally challenging. We approach every case with compassion, respect, and a strategic mindset. Whether you are dealing with divorce, legal separation, or parenting time, our team is ready to help. Contact us today to schedule a free 30-minute consultation with a Lone Tree family law attorney.
Family Law Cases Our Firm Handles
Our law firm proudly assists individuals and families in Lone Tree with a range of family law matters. We are sensitive to the fact that budget is a consideration for many of our clients. That is why, in addition to our experienced attorneys, we offer the option of working with a Colorado Licensed Legal Paraprofessional (LLP). Working with a LLP can be a more cost-effective path for certain cases.
Colorado Divorce
In Colorado, divorce (dissolution of marriage) does not require proof of wrongdoing. As a no-fault state, Colorado allows either spouse to file for divorce based on the assertion that the marriage is irretrievably broken. In fact, judges do not typically allow testimony concerning the reasons for the divorce in Colorado, unless those reasons are related to the safety of the children.
To file for divorce, you must meet the Colorado residency requirements. At least one spouse must have lived in Colorado for a minimum of 91 days prior to filing. If there is a child of the marriage, that child typically must have lived in Colorado since birth or for at least 182 days in order for the court to have jurisdiction over the child. Issues related to jurisdiction can be extremely nuanced and typically require consultation with an experienced family law attorney.
Jurisdiction can be even more complicated when dealing with military divorce cases. If you or your soon-to-be-ex is a member of the Armed Forces, our Colorado military divorce lawyers can help you understand your rights.
The divorce process typically begins when one spouse files a Petition for Dissolution of Marriage and serves it on the other party. The responding spouse then has 21 days to reply (or 35 days if they live outside of Colorado). During the case, either party may request temporary orders to address issues like parenting time, child support, or spousal maintenance.
Both parties must exchange detailed financial disclosures. This paperwork is required even if the parties agree to the divorce and all of the major issues in their case. In these documents, each spouse will list details of their finances, such as income, assets, debts, and expenses.
Colorado follows the principle of equitable distribution. This means that marital property is divided fairly, but not necessarily equally. Courts consider factors like the duration of the marriage and each spouse’s financial and non-financial contributions to the marital estate. In some cases, spousal maintenance (alimony) may be awarded based on need.
Many divorces are resolved through negotiation or mediation. When the parties are able to reach an agreement, the court will generally approve it as long as it is fair and it complies with Colorado law. Our Lone Tree family law attorneys are skilled in negotiation and can often help you reach a favorable resolution without unnecessary conflict.
If you cannot come to an agreement with your spouse, the case may proceed to trial. In court, a judge will listen to evidence and arguments and decide any unresolved issues in the case. Whether through a negotiated settlement or trial, a divorce in Colorado cannot be granted until at least 91 days after the initial petition was filed. Thus, even if you and your spouse agree on everything in an uncontested divorce, it will take a minimum of 91 days to get divorced in Colorado.
If you are considering divorce, our Lone Tree family lawyers will guide you through each step of the process. We will help you make informed decisions and protect your interests.
Modification of Spousal Maintenance
Spousal maintenance, or alimony, may be awarded in cases where one spouse requires financial support after a divorce and the other spouse has the ability to pay. However, circumstances often change. In some situations, maintenance orders may be modified or terminated.
A modification requires a substantial and ongoing change in circumstances. Some examples of such circumstances include:
- A significant increase or decrease in income
- Retirement at the legal age to collect Social Security
- Serious illness or disability
It is important to note that not all maintenance orders are modifiable. Some spousal maintenance agreements specifically state that maintenance cannot be changed. In addition, any request for modification must be filed before the maintenance term ends.
Colorado courts will consider a variety of factors when considering a request for modification. This may include a change in financial obligations or cost of living, and each party’s ability to support themselves. For example, if the receiving spouse inherits a substantial amount of money, the paying spouse may request a modification based on the fact that their ex no longer requires financial support.
In some cases, maintenance can be terminated altogether. If the receiving spouse remarries or enters into a supportive cohabitating relationship, then spousal maintenance will be terminated. Maintenance can also be terminated if the receiving spouse becomes financially self-sufficient or if the paying spouse retires in good faith, at the age at which they can receive social security, and experiences a meaningful reduction in income.
Spousal maintenance modification requests can be complex and contentious. Our Lone Tree family lawyers will advocate for your financial interests, whether you are seeking or contesting a modification request.
Allocation of Parental Responsibility
In Colorado, child custody is referred to as allocation of parental responsibilities (APR). It includes two parts: decision-making authority and parenting time.
Decision-making authority involves the ability to make major life decisions for the child. This includes making decisions on big issues, such as education, healthcare, and religion, as well as smaller issues (like playing travel sports). Decision-making responsibility is often shared between parents, although sole decision-making authority may be granted in certain situations.
Parenting time determines how much time each parent spends with the child. This is a critical factor in maintaining strong parent-child relationships. Parenting time also plays a role in calculating child support. Generally, a parent with more than 90 overnight visits per year is considered the primary parent for parenting time.
Courts base all parental responsibility determinations on the best interests of the child. In deciding how to allocate parental responsibilities, a judge will consider factors such as:
- 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.
Whenever possible, parents are encouraged to develop their own parenting plans. These agreements are often less stressful and more cost-effective than litigation. Our Lone Tree family lawyers can help you create a parenting plan that complies with Colorado law and prioritizes your child’s well-being.
It is possible to have an informal parenting plan with your ex. However, these types of agreements are not enforceable, which means that if you run into a problem, you can’t take the issue to court. Our law firm can help you draft, negotiate, and formalize a parenting plan with the court to ensure long-term stability for you and your kids.
APR orders can be modified if there has been a significant change in circumstances and the modification serves the child’s best interests. For example, if one parent remarries and moves to a new school district, that may justify an updated parenting plan to allow a child to remain in their original school district. Unless there is an emergency, modifications can generally only be requested once every two years.
We understand how emotional parental responsibility disputes can be. Our Lone Tree family law attorneys will work diligently to protect your parental rights while focusing on solutions that protect the best interests of your child(ren).
Child Support Modifications
Colorado uses an “income shares” model to calculate child support. This formula is based on the notion that children should receive the same level of financial support as they would have if their parents had remained together.
Child support is determined based on statutory guidelines that 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 calculating a combined child support obligation, the court will allocate responsibility between the parents based on their respective incomes and parenting time. In most cases, the parent with less parenting time will pay child support to the parent with more parenting time. Payments will then be made through the Colorado Family Support Registry.
If your financial situation changes, you may be able to request a modification to your child support (upwards or downwards). Common reasons for a child support modification include job losses, income changes, or increased expenses related to the child’s care. For example, if a child requires extensive medical treatment, then that might change the paying parent’s child support obligation.
Child support calculations can be complex, including requests for modification. If you want to explore your options related to child support modifications, working with an experienced Lone Tree family law attorney can help you get the best possible outcome for your case.
Talk to a Lone Tree Family Law Attorney Today
Family law matters, particularly those involving divorce, parental responsibilities, and child support, can be some of the most difficult challenges that you will ever face. At Ascent Legal Group, we bring both legal knowledge and practical experience to every case. Our goal is to help each of our clients navigate these issues with confidence.
Our team is committed to resolving disputes outside of court whenever possible, while remaining fully prepared to take your case to trial if necessary. We also offer the opportunity to work with a Licensed Legal Paraprofessional to provide more affordable representation options when appropriate.
If you need legal representation for a family law matter in Lone Tree, Colorado, contact our office today to schedule your free 30-minute consultation. You can call our law offices at 719-256-0067 or fill out our online contact form to talk to a skilled Lone Tree family lawyer.