As a parent, you want what is best for your children. If you are contemplating divorce or the end of a relationship, it is only natural to worry about how these changes might affect your children’s well-being, stability, and happiness. You may also worry about issues like splitting custody, paying child support, or how you will be able to co-parent effectively with your soon-to-be ex in the future.
In Colorado, custody (parenting responsibilities) decisions are determined based on the best interests of the child. In Colorado, parenting responsibilities consist of two components: decision-making responsibility and parenting time.. Both parents are also required under Colorado law to financially support their children, which often means that one parent will pay child support to the other parent. Our Monument family lawyers can help you navigate family law matters while advocating for your rights and protecting your interests.
At Ascent Legal Group, we offer skilled legal representation to clients throughout El Paso County. We approach each family law matter with compassion and professionalism, understanding that family law disputes are often more emotionally-charged than other types of legal issues. Our firm provides thoughtful, strategic legal counsel in matters involving divorce, legal separation, child custody, child support, spousal support, and more. Contact our law offices today to schedule a free 30-minute consultation with a Monument family law attorney.
Types of Family Law Cases We Handle
Ascent Legal Group offers high-quality legal representation to clients throughout the Monument area. We represent clients across a range of family law matters. Alongside our team of seasoned attorneys, we offer the option of working with an experienced Colorado Licensed Legal Paraprofessional (LLP) for some family law cases. This aspect of our practice gives you more flexibility when it comes to cost and the type of representation that you need for your case.
Divorce
In Colorado, divorce is referred to as dissolution of marriage. All divorce cases in Colorado are no-fault, which means that the only basis for divorce is that it is irretrievably broken with no reasonable likelihood of reconciliation. To get divorced in Colorado, you won’t have to prove that your spouse did anything wrong.
Prior to filing for divorce in Colorado, at least one spouse must have lived in the state for a minimum of 91 days. In order for a Colorado Court to have jurisdiction over children, typically, they must have lived in Colorado for at least 182 days (approximately 6 months) prior to the filing. These residency requirements ensure that Colorado courts only handle divorce cases involving couples and children with ties to Colorado.
The divorce process involves multiple steps. One spouse starts the case by filing a Petition for Dissolution of Marriage with the district court in El Paso County and serving it on the other spouse. Alternatively, the spouses can file a petition together for an uncontested divorce.
For contested divorces, the responding spouse has 21 days to file a response to the initial divorce petition, or 35 days if they live outside of the state. While the case is pending, either spouse can request temporary court orders for parenting time, child support, and/or spousal maintenance.
For both contested and uncontested divorces, both parties must exchange mandatory financial disclosures. These forms require each spouse to disclose information about their income, assets, debts, and expenses. These disclosures are required to ensure that any decision or settlement about property division and spousal maintenance is fair and equitable.
When it comes to property division, Colorado follows the rule of equitable distribution for splitting marital assets and debts. This means that the property is divided fairly, which does not necessarily mean that it will be divided equally. Courts will examine a range of factors when deciding how to split property, including the length of the marriage and each spouse’s contributions to the marital estate. If one spouse has financial needs, then the other spouse may be ordered to pay spousal maintenance (alimony).
Many couples are able to resolve their divorce through a separation agreement, which may require negotiation and/or mediation. If the parties can agree on all of the issues in their divorce, such as property division, spousal support, parenting time, and child support, then the court will approve the agreement as long as it is fair and reasonable to both parties. Our Monument family law attorneys can help you negotiate and draft a settlement agreement that protects your interests.
In some cases, a couple will find it difficult or even impossible to come to an agreement. In these situations, the case will go to trial, where a judge will hear evidence and decide any issues per Colorado law. After the court issues a decision or approves a separation agreement, it will enter a final decree of dissolution. In Colorado, there is a 91-day waiting period before a divorce can be finalized (even if the parties have submitted a separation agreement as part of an uncontested divorce).
The divorce process can be emotionally, physically, and financially challenging for couples. If you are contemplating divorce, our Monument family lawyers will help you develop a proactive strategy that will protect you and help you achieve the best possible outcome. Whether your case is resolved by agreement or goes to trial, we can help you achieve your goals and minimize stress whenever possible.
Modification of Spousal Maintenance
Spousal maintenance may be awarded in a Colorado divorce when one spouse requires financial support following a divorce. If the parties’ situations change after the divorce is finalized, it may be possible to modify or terminate an order of spousal maintenance. To do so, you will need to demonstrate a substantial and continuing change in circumstances.
Under Colorado law, spousal maintenance may be modified upwards or downward when:
- There has been a significant and ongoing change in circumstances, such as a major change in income, job loss, disability, or the remarriage of the receiving spouse;
- The original maintenance order allows for modification (some agreements expressly state that maintenance is non-modifiable); and
- The request for modification is filed before the maintenance term expires. Maintenance typically cannot be reinstated once it ends.
When deciding whether or not to modify a spousal maintenance (alimony) order, a judge will consider a variety of factors, including:
- A substantial increase or decrease in either party’s income, such as a layoff, promotion, or retirement;
- Whether either spouse has been diagnosed with a serious illness or disability that affects their ability to work; and
- Any major changes in either spouse’s financial obligations, such as increased health insurance or medical costs.
A court can consider any factor that may impact a party’s need for support or the other party’s ability to pay for support when making this determination.
Spousal maintenance may also be terminated in some situations. This may include when the receiving spouse either remarries or enters into a supportive cohabitating situation or becomes financially self-sufficient. In addition, if the paying spouse retires in good faith and has a meaningful reduction in income, then support may be terminated.
Cases involving spousal maintenance modifications are often complex and contentious. Our experienced Monument family lawyers can help you build a strong case, whether you are seeking a modification or opposing a change in an alimony order.
Parenting Time Modifications
In Colorado, child custody is referred to as parenting time. There are two parts to parental rights in Colorado. First, decision-making responsibility allows a parent to make major decisions about the major decisions in a child’s life. Although those decisions are not defined by statute, they typically include: religious upbringing, education, and healthcare. This responsibility is typically shared, although one parent may be awarded sole decision-making authority in some circumstances.
Second, parenting time refers to how much time each parent spends with the child (typically referred to as “custody” in other states). Parenting time plays a major role in maintaining a close parent-child bond. It can also impact child support calculations. For example, a parent with fewer than 92 overnights per year is typically considered to have sole parenting time for support calculations.
In Colorado, courts make parenting time decisions using the “best interests of the child” standard. A judge can consider numerous factors when making parenting responsibility decisions, including:
- Each parent’s wishes;
- The child’s preferences, if they are mature enough to express a reasoned opinion;
- The child’s relationship with parents, siblings, and others who significantly affect their well-being;
- The child’s adjustment to home, school, and community;
- The mental and physical health of all parties;
- 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 distance between the parents’ residences and its impact on parenting time;
- Each parent’s ability to place the child’s needs first; and
- Any history of domestic violence.
Parents can choose to create their own parenting plan through negotiation. This approach is often less expensive and less stressful than going through the court process. While it isn’t always possible to come to an agreement with your spouse or ex about child custody, our Monument family lawyers can help you negotiate a parenting plan that complies with Colorado law and is in your child’s best interests.
Some parents work out a parenting plan without having it formalized with the court. While these arrangements might work initially, these plans are not enforceable. That means that if something goes wrong or there is any type of dispute, you cannot go to the court to enforce the plan. Our Monument family law attorneys can help you draft, negotiate, and submit a parenting plan for approval by the court.
In Colorado, custody orders can only be modified when there has been a significant change in circumstances, and it is in the best interests of the child. Unless there is an emergency situation, a parent can only request a custody modification that also changes the primary caregiver once every 2 years.
Custody disputes can be some of the most contentious family law matters to resolve. Few parents want to give up time with their kids or the ability to make decisions about what they think is best for their children. Our Monument family law attorneys will help you understand your options and advocate for solutions that protect your rights as a parent.
Child Support Modifications
In Colorado, both parents are legally obligated to provide financial support to their children. Child support is calculated using the income shares model. The goal of these calculations is to ensure that children are provided with a standard of living that is similar to what they would have if their parents were still in a relationship.
In most cases, the parent with more overnight parenting time receives child support. However, this may change based on the situation.
Child support is determined based on a statutory formula that takes into account the facts of each individual case. These guidelines consider:
- Each parent’s gross income, including wages, bonuses, commissions, overtime, Social Security benefits, trust income, and unemployment benefits;
- Any income earned by the child;
- The number of overnights each parent has with the child;
- Health insurance and childcare costs; and
- Other support obligations, such as spousal maintenance or support for children from other relationships.
Once a court determines each parent’s income, it will calculate a combined basic child support obligation using statutory charts. This amount can then be adjusted for any additional expenses, such as childcare or healthcare. The basic child support obligation is then divided between the parents based on parenting time. All child support payments are then paid through the Colorado Family Support Registry.
If your financial circumstances or the needs of your child change significantly, and for more than just a temporary period, you may be able to successfully modify your child support order. An experienced Monument family law attorney can help you determine if you qualify. There are many different potential reasons why child support may be modified. For example, if a child is diagnosed with a developmental disability and their medical expenses significantly increase, that may warrant a change in the child support order.
Although Colorado uses a statutory formula for child support, it can still be complicated to calculate the amount owed, especially if there are any extenuating circumstances. Having an experienced lawyer by your side can make all of the difference in these cases. Our law firm can help you establish or modify child support, offering advice and a thoughtful legal strategy to meet your goals.
Contact Ascent Legal Group for a Free 30-Minute Consultation with a Monument Family Lawyer
Family law cases are deeply personal, which is what can make them so hard for clients. Our law firm works collaboratively with our clients to help determine exactly what their goals are in a divorce, child custody, or other family law case. We then help them develop a strategy that is designed to achieve that goal in the most cost-effective and least stressful way possible.
At Ascent Legal Group, we offer skilled legal representation in Colorado family law matters, including divorce, legal separation, child custody, and child support. If cost is a concern, we also offer the services of an experienced Colorado LLP, with the flexibility to switch to one of our lawyers should the need arise. 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 Monument family law attorney.