Few legal matters are as emotionally complex and stressful as those involving family law. Whether you are contemplating divorce, navigating a child custody dispute, or dealing with issues related to spousal maintenance, these cases can feel overwhelming because they deal with such personal matters. At Ascent Legal Group, our Parker family law attorneys are committed to supporting you through each step of the process, from your first consultation with us until the final resolution of your case.
Our firm proudly provides compassionate, knowledgeable legal representation to clients throughout Douglas County, Colorado. We understand the challenges that come with divorce and other family law matters, and we work diligently to help our clients get the best possible outcomes for themselves and their families. Contact our law offices today to schedule a free 30-minute consultation with a Parker family lawyer.
Colorado Family Law Cases We Handle
Ascent Legal Group is proud to represent individuals and families in the Parker area who are dealing with a family law issue. Our team has extensive experience handling many types of family law matters, including divorce, military divorce, legal separation, parenting time (custody), child support, and spousal maintenance. Our practice includes both experienced Colorado family law attorneys and licensed legal paraprofessionals (LLPs), allowing us to meet a broad array of legal needs at a range of price points.
Divorce
In Colorado, divorce is known as the dissolution of marriage. It is the legal process used to formally end a marriage. All divorces in Colorado are no-fault, which means that the court will not consider wrongdoing when determining whether to grant a divorce. In other words, you do not need to prove that your spouse was unfaithful, abusive, or otherwise a bad partner. It is enough to state that the marriage is irretrievably broken.
Only Colorado residents may file for divorce in the state. To meet residency requirements, either spouse must have lived in Colorado for at least 91 days before filing. If the couple has minor children together, those children must have lived in Colorado for at least 182 days before the case is filed.
In some situations, a divorce in Colorado can be finalized relatively quickly. The state has a mandatory 91-day waiting period before a court can finalize a divorce. If both spouses agree on all issues, including property division, child custody, child support, and spousal maintenance, the divorce may be resolved shortly after that waiting period ends. This is known as an uncontested divorce.
When spouses disagree on one or more issues, however, the case becomes a contested divorce. Disagreements about property, custody, child support, and/or alimony can extend the timeline of the case. This is particularly true if court hearings or a trial become necessary.
The divorce process begins when one spouse files a petition for dissolution of marriage. In uncontested divorces, both spouses may file the petition together. Otherwise, the filing spouse must serve the paperwork on the other spouse, who then has 21 days to respond (or 35 days if they live outside of Colorado).
During the early stages of the case, either party may request temporary orders regarding parenting time, child support, or spousal maintenance. These temporary arrangements help to maintain stability while the divorce proceeds.
In every Colorado divorce (including uncontested divorces), both spouses must submit financial disclosures. These documents require each spouse to disclose detailed information about their income, monthly expenses, assets, and debts. Full financial transparency is necessary to ensure a fair property division under Colorado law.
Colorado follows an equitable distribution approach to property division. Most assets and debts acquired during the marriage are considered marital property, with some exceptions for things like inheritances and gifts. Property acquired before marriage is usually considered separate property, although certain increases in the value of this property may be deemed marital property.
Determining which assets are marital and which are separate property can sometimes be complicated. After the court identifies which of the couple’s assets and debts are marital property, it will divide them equitably. This does not necessarily mean an equal split. When appropriate, a judge may also award spousal maintenance as part of the divorce decree.
When spouses are able to communicate effectively, they may be able to negotiate a settlement agreement that covers all aspects of the divorce. Resolving matters through negotiation or mediation can save significant time, stress, and legal expenses. Once both parties agree on the terms, the court will review the agreement and approve it if it is fair.
Of course, not every couple is able to reach an agreement. Our Parker family lawyers can help you determine whether further negotiation or mediation might be beneficial based on the unique facts of your case. Whenever possible, we try to reach a resolution that protects your interests without unnecessary litigation.
If a settlement cannot be reached, the case may proceed to trial. When a judge must decide the issues in dispute, the divorce process may take a year or longer. After hearing the evidence at trial, the judge will issue a final divorce decree to resolve the case.
No one enters into a marriage with the expectation that it will end in divorce. However, when a relationship is past the point of repair, divorce may be the healthiest path forward. Our Parker family law attorneys can help you understand your rights, evaluate your options, and move towards a positive resolution.
Modifying Spousal Maintenance
In Colorado, alimony is referred to as spousal maintenance. It is not automatically awarded in every divorce. Instead, courts may order maintenance when one spouse has a financial need, and the other has the ability to pay.
Spousal maintenance orders can sometimes be modified or terminated if there has been a substantial and continuing change in circumstances. This standard requires something more than a minor and/or temporary change in circumstances. For example, if the paying party takes a month off work for surgery, that almost certainly won’t qualify for a change in a spousal support order.
A court may modify spousal maintenance in certain situations. The request must be filed before the maintenance term expires, and the original maintenance order must allow for modification. A judge may grant the request for modification if there has been a substantial and continuing change in circumstances for either party.
Examples of circumstances that may justify a modification include:
- A significant increase or decrease in either spouse’s income
- Retirement
- Long-term unemployment
- A serious illness or disability affecting a party’s ability to work
- Major changes in financial obligations, such as major medical expenses
Spousal maintenance may also be terminated in certain situations. This includes cases where the receiving spouse remarries, enters into a supportive cohabitation relationship, or becomes financially independent. In addition, if the paying spouse retires in good faith and experiences a meaningful reduction in income, a maintenance order may be terminated.
Either party can request a modification, seeking to increase, decrease, or terminate spousal support. During a free initial consultation, the team at Ascent Legal Group can evaluate your circumstances and explain your options when it comes to a spousal maintenance modification in Colorado. Our Parker family lawyers will then advocate for your best interests in court.
Modifying Parenting Time/Child Custody
In Colorado, child custody is known as allocation of parental responsibilities (APR). It includes two key components: decision-making authority and parenting time.
Decision-making authority refers to a parent’s right to make major decisions about a child’s life, including matters related to education, healthcare, and religion. It is often referred to as legal custody. In many cases, parents share decision-making authority. However, a court may grant one parent authority over all or certain matters if disagreements or other issues make joint decision-making impractical.
Parenting time refers to the schedule that determines when each parent spends time with their child, or physical custody. When both parents have roughly equal time with their child, it is known as joint parental responsibility. If one parent has fewer than 90 overnight visits per year, they are typically considered the noncustodial parent. The other parent is known as the primary custodial parent.
Colorado courts generally favor arrangements that allow both parents to remain actively involved in their children’s lives. However, the ultimate guiding principle is always the best interests of the child.
If the parents cannot agree on a parenting plan, a court will consider several factors in deciding the best interests of the child. This includes:
- The parents’ wishes;
- The child’s preference (if they are old 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.
Whenever possible, it is usually best for parents to reach an agreement about custody rather than leave the decision entirely in the hands of the court. Our Parker family lawyers can help you develop a parenting plan that protects your parental rights while prioritizing your child’s well-being.
Even if you and your co-parent have been successfully working together on an informal arrangement, it is still wise to create a written parenting plan and obtain a formal court order for parenting time. Without a court order, informal agreements cannot be enforced by the court if disagreements or issues arise in the future.
A parenting time order can only be modified if there has been a substantial change in circumstances and the modification would be in the child’s best interests. Generally, parents may request a modification every two years, although exceptions may apply in some cases. For example, if your ex develops a substance abuse problem and your child’s well-being is in jeopardy, then you may be able to seek a custody change even if it has been less than two years since the last request.
Child custody matters can be particularly emotional and challenging. At Ascent Legal Group, our Parker family law attorneys approach every case with sensitivity and determination, working to protect both our clients’ parental rights and the well-being of their children.
Modifying Child Support in Colorado
Colorado’s child support system is based on the principle that both parents share financial responsibility for their children. The state uses the income shares model to determine child support, which estimates how much parents would have spent on their children if they had remained together.
In most cases, the noncustodial parent will make child support payments to the custodial parent. However, this may vary based on the facts of a particular case.
When determining child support, a court will consider several factors, including:
- The gross income of both parents
- Any income earned by the child
- The number of overnight visits each parent has with the child
- Costs such as health insurance and childcare
- Existing support obligations or spousal maintenance payments
The court will calculate each parent’s income and determine the combined child support obligation using statutory guidelines. This figure represents what the parents would likely have spent together on their child. In certain circumstances, the court may deviate from these guidelines, such as cases where the child has unique needs or expenses.
After establishing the support obligation, the court determines which parent will pay support based on parenting time percentages. Payments will then be processed through the Colorado Family Support Registry.
Child support orders are not permanent. Either parent may request an upward or downward modification if circumstances change significantly. For example, a modification may be appropriate if a parent’s income changes substantially or if the child has educational needs that require additional financial support.
Although Colorado’s child support guidelines provide a framework, these cases can still be complex. Our Parker family law team can help you understand your rights, calculate potential support obligations, and pursue a modification if necessary and appropriate.
Experienced Legal Representation for Colorado Family Law Matters
If you are dealing with a family law issue, you may be concerned about your future, your finances, and your family’s well-being. Our firm has extensive experience handling a wide range of Colorado family law matters, including divorces, legal separations, custody disputes, and post-decree modifications.
Ascent Legal Group represents individuals and families throughout Douglas County, Colorado. Whenever possible, we strive to resolve disputes through negotiation and settlement. When litigation becomes necessary, we are fully prepared to advocate for you in court. Call our law firm today at 719-256-0067 or complete our online contact form to schedule your free 30-minute consultation with a Parker family law attorney.