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Meridian Family Lawyers

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As a parent, your child’s safety, stability, and future are always at the forefront of your mind. When facing a divorce or separation, it’s natural to worry about how those changes will impact your children. At the same time, you will also be dealing with complex legal issues related to property division, parenting time, and child support, making the entire situation emotionally challenging.

Under Colorado law, parental responsibilities are determined based on the best interests of the child. This includes both decision-making authority and parenting time. In addition, both parents share a financial obligation to support their children, which may involve child support. Our Meridian family lawyers are here to help you understand your legal rights and obligations while guiding you through each step of the process.

At Ascent Legal Group, we represent individuals and families throughout Douglas County in a wide range of family law matters. We approach each and every case with compassion, respect, and a strategic mindset. Whether you are dealing with divorce, legal separation, or parenting disputes, our team is prepared to stand by your side. Contact us today to schedule a free 30-minute consultation with a Meridian family law attorney.

Family Law Cases Our Law Firm Handles

Our firm proudly assists clients in the greater Meridian area with a broad range of family law matters. We also recognize that cost is an important factor for many of our clients. That is why we offer the option of working with a Colorado Licensed Legal Paraprofessional (LLP). In certain cases, working with a LLP can provide a more cost-effective alternative to working with a lawyer, without sacrificing quality representation.

Colorado Divorce

Colorado is a no-fault divorce state, which means that neither spouse has to prove wrongdoing to end a marriage. Instead, one party simply needs to state that the marriage is irretrievably broken. A couple can file for divorce jointly, or one spouse can file the petition and serve the other spouse.

To file for divorce in Colorado, you must first meet the residency requirements. At least one spouse must have lived in the state for a minimum of 91 days before filing. When minor children are involved, Colorado courts typically do not have jurisdiction over children until they have lived in Colorado for at least 182 days (or since birth for infants).

In most cases, residency requirements are fairly straightforward. However, if you or your soon-to-be ex is an active-duty member of the military, jurisdictional issues can be more complicated.​ If one spouse is deployed, that can also affect the timing of the divorce process.

A divorce case begins when one spouse files a Petition for Dissolution of Marriage and serves it on the other party (or the couple files together). The responding spouse then has 21 days to file a response, or 35 days if they live outside of Colorado. During the initial stages of the proceedings, either party may request temporary orders to address urgent matters like parenting time, child support, and/or spousal maintenance.

Early in the process, both spouses must exchange detailed financial disclosures. These disclosures require each spouse to list detailed information about their income, assets, monthly expenses, and debts. Even in uncontested cases, these financial disclosures are mandatory.

Colorado follows the principle of equitable distribution when it comes to dividing property. This means that marital property is divided fairly, although not necessarily equally. Before dividing property, a court will decide which assets and debts are considered marital property (as opposed to separate property). Only marital property is subject to distribution in a Colorado divorce.

Courts will evaluate a variety of factors, such as the length of the marriage, each spouse’s contributions to the marital estate, and each spouse’s financial circumstances, when deciding how to divide property. In some cases, spousal maintenance (alimony) may also be awarded based on one spouse’s need for financial support and the other spouse’s ability to pay.

Many divorce cases are resolved through negotiation or mediation. Resolving the issues in your divorce outside of court gives you more control over the outcome. As long as the agreement is fair and complies with Colorado law, a judge will typically approve it before issuing a decree of dissolution. Our Meridian family law attorneys are skilled negotiators who aim to resolve our clients’ divorces outside of court whenever possible.

Of course, it isn’t always possible to come to an agreement with your spouse. In these situations, your divorce will go to trial. A judge will decide any unresolved issues based on Colorado law.

For both contested and uncontested cases, there is a minimum 91-day waiting period between filing and the issuance of a divorce decree. While it is possible to get divorced in just a few months if both parties agree on all of the issues in their divorce, more complex matters can take 6 months to a year to resolve. If the case goes to trial, it may take longer than a year to finalize your divorce.

If you are considering a divorce, it is always a good idea to talk to a lawyer so that you better understand your legal rights. Our Meridian family law attorneys offer free 30-minute consultations so that you get a better understanding of your rights and what to expect moving forward.

Spousal Maintenance

Spousal maintenance may be awarded when one spouse requires financial support and the other spouse has the ability to provide it. However, circumstances can change after the issuance of an alimony order or the signing of an agreement. In certain situations, maintenance orders can be modified or terminated.

To get your spousal maintenance order modified, you must prove a change in circumstances so substantial and continuing as to make the terms unfair. This requires something more than a minor and/or temporary change in your financial situation. Examples of situations that may qualify include serious illness or disability, job loss, or retirement.

However, not all maintenance orders are eligible for modification. If the original agreement specifies that maintenance is non-modifiable, the court will not alter it. Additionally, all modification requests must be made before the maintenance term expires.

When reviewing a request for modification of maintenance, a court will consider factors such as financial changes, cost of living, and each party’s ability to become self-supporting. For example, if the receiving spouse went back to school and got an advanced degree, the paying spouse may request a reduction or termination of support based on their ability to support themselves.

Spousal maintenance may also end automatically in certain situations, such as remarriage. Courts may also terminate support if the paying spouse retires in good faith and the court determines the retirement justifies a modification or termination. In addition, a judge may decide to end maintenance if the receiving spouse enters into a supportive cohabitation relationship.

These cases are highly fact-specific, which makes it all the more important to seek legal guidance. Our Meridian family lawyers will advocate for your financial interests if you are seeking or opposing a modification of maintenance.

Allocation of Parental Responsibilities

In Colorado, child custody is referred to as the allocation of parental responsibilities (APR). This includes both decision-making authority and parenting time.

Decision-making authority involves the right to make major decisions about a child’s life, including education, healthcare, and religious upbringing. Courts often favor joint decision-making when both parents can work well together. When appropriate, a judge may award sole decision-making authority for all or some issues to one parent.

Parenting time determines how much time each parent spends with the child or children. Parenting time is essential for maintaining strong relationships. It is also a key factor in calculating child support.

All APR decisions are made based on the child’s best interests. Courts will look to a variety of factors to determine what is in the best interests of the child, 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.

Parents can work out their own parenting plans, which is often a less stressful and more cost-effective way to determine parenting time. It also provides more certainty than going to court and letting a judge decide how much time each parent will spend with their child. Our Meridian family lawyers can help you create a plan that reflects your child’s best interests and protects your rights as a parent.

Sometimes parents decide to work out an informal parenting plan. While this type of agreement can work well, it is important to understand that it generally will not be enforceable unless it has been approved by the court. We always recommend having any parenting plan formalized by the court so that your rights are protected.

APR orders can be modified when there is a significant change in circumstances, and the modification serves the child’s best interests. As a general rule, a modification that requests a change to the primary custodian can only be requested once every two years. However, if an emergency or unusual situation arises, then you may be able to request a modification sooner.

We understand how emotionally challenging any type of legal decision about your kids can be. Our Meridian family law attorneys are committed to protecting your parental rights while working towards solutions that protect your child’s best interests.

Child Support Modifications

Colorado uses an income shares model to calculate child support. This approach is designed to ensure that children receive the same level of financial support that they would have gotten if their parents had remained together. 

This calculation considers:

  • Each parent’s gross income (including wages, bonuses, and benefits)
  • Any income earned by the child
  • The number of overnight stays with each parent
  • Health insurance, childcare, and other costs
  • Other financial obligations, including child support for children from other relationships

After determining the parents’ combined child support obligation, the responsibility for paying support is divided proportionally based on income and parenting time. Typically, the parent with less parenting time pays support to the other parent. Child support payments are processed through the Colorado Family Support Registry.

A court may grant a modification to your child support order if you can show that there has been a substantial and continuing change in circumstances that makes your existing order unfair. Common examples include significant changes in income (increases or decreases), changes in parenting time, alterations in the child’s needs (such as medical or educational expenses), changes in work-related childcare costs, or shifts in health insurance coverage.

Because these calculations can be complex, it is always a good idea to consult with a legal professional. Our Meridian family law attorneys can help ensure that your child support arrangement reflects your current circumstances. 

Speak with a Meridian Family Law Attorney Today

Family law matters, especially those involving children, finances, and major life transitions, can be overwhelming. At Ascent Legal Group, we combine legal knowledge with practical guidance to help you achieve the best possible outcome. Whenever possible, we work with clients to help them resolve disputes outside of the courtroom.

Our team is also prepared to advocate for you in court if needed. Our law firm offers flexible representation options, including working with a Licensed Legal Paraprofessional, for more cost-conscious solutions. If you need assistance with a family law matter in Meridian, Colorado, contact our office today to schedule your free 30-minute consultation. Call us at 719-256-0067 or complete our online contact form to get started.

Colorado Family Law FAQs

Can a Parenting Plan Be Changed After a Divorce Is Finalized?

Yes. Parenting plans can be modified if there has been a significant change in circumstances and the modification is in the best interests of the child. Common reasons include relocation, changes in a parent’s work schedule, or concerns about the child’s well-being.

What Happens If My Ex Does Not Follow a Court Order?

If your ex-spouse violates a court order, such as refusing parenting time or failing to pay child support, you can file a motion to enforce the order. The court may impose penalties, require compliance, or take additional legal action to ensure the order is followed.

How Is Property Divided If We Each Owned Assets Before The Marriage?

Property owned before the marriage is generally considered separate property and is not subject to division. However, any increase in the value of that property during the marriage may be considered marital. It could be subject to division in a divorce, depending on the facts of your case.

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