For parents, there is nothing more precious than their children. If you are a parent going through a breakup or divorce, your primary concern is whether you will be able to see your kids as often. Additionally, you have likely thought long and hard about what this will do to you financially, and what your support obligations might be.
In Colorado, parenting responsibilities – including both decision-making and parenting time – are decided based on the best interest of the child. Parents may also be required to pay child support based on their obligation to financially provide for their children. Our law firm can help you understand your rights and options in child support, child custody, and adoption cases.
Ascent Legal Group represents clients throughout Colorado in family law matters. We know how sensitive family law matters like child custody, child support, divorce, and adoption can be – which is why we are committed to providing compassionate, high-quality legal representation. Contact our law offices today to schedule a free 30-minute consultation with a Colorado family law attorney.
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Family Law Cases We Handle
Divorce
In Colorado, divorce is legally referred to as dissolution of marriage. Colorado is a no-fault divorce state, meaning that neither spouse has to prove wrongdoing to obtain a divorce. The only requirement is that the marriage is irretrievably broken, in other words, there is no chance of reconciliation.
To file for divorce in Colorado, at least one spouse must have been a resident of the state for at least 91 days before filing. If the couple has children, the court must also have jurisdiction over child-related matters, which generally requires the child to have lived in Colorado for at least 182 days (or since birth, if the child is less than 182 days old) before the case is filed.
The divorce process in Colorado typically follows these steps:
- Filing the Petition: One spouse (the petitioner) files a Petition for Dissolution of Marriage in the district court. The other spouse (the respondent) is served with the paperwork and has 21 days (or 35 days if out of state) to respond.
- Financial Disclosures: Both parties are required to submit financial disclosures, including income, debts, assets, and expenses, to ensure a fair division of property and determination of support obligations.
- Initial Status Conference: The initial status conference is a meeting with your local Family Court Facilitator, Magistrate, or Judge to review disclosures and discuss the deadlines and requirements for your case to continue.
- Temporary Orders: Either spouse can request temporary orders for matters such as child custody, spousal maintenance, or financial support while the divorce is pending
- Negotiation or Mediation: If spouses can reach agreements on property division, child custody, and support, they can submit a separation agreement to the court. Mediation is often required if disputes arise.
- Finalizing the Divorce: If both parties agree on all issues, they can submit a signed separation agreement and parenting plan for court approval. If disagreements remain, a judge will decide the contested issues at a trial. The earliest a divorce can be finalized is 91 days after filing, even if both spouses agree.
Colorado is an equitable distribution state, meaning that marital property is required to be divided fairly—but not necessarily equally—between spouses. Marital property includes assets acquired during the marriage, while separate property (such as inheritances or assets owned before the marriage) generally remains with the original owner. Courts consider factors such as the length of the marriage, each spouse’s financial circumstances, and contributions to the marital estate when dividing property.
Divorce can be emotionally and financially complex. Our experienced Colorado family law attorneys will guide you through the process, ensuring that your rights and interests are protected every step of the way. Whether negotiating a settlement or advocating in court, we are committed to helping you achieve the best possible outcome in your divorce case.
Legal Separation
Legal separation is an alternative to divorce for couples who no longer wish to live as spouses but want to remain legally married. In Colorado, the process for obtaining a legal separation is similar to that of a divorce, but instead of dissolving the marriage, it allows spouses to live separately while maintaining their legal marital status. Some couples choose legal separation for religious, financial, or personal reasons, such as maintaining health insurance benefits or fulfilling residency requirements for divorce.
A legal separation follows the same process and requires the same disclosures as a divorce. The key difference between legal separation and divorce is that the couple remains legally married after a separation is finalized. This means:
- Neither spouse can remarry unless they later convert the legal separation into a divorce.
- Certain financial benefits (such as Social Security, military benefits, or tax advantages) may remain available.
If a couple decides they want to finalize their separation as a divorce, either spouse can file a motion to convert the legal separation into a divorce after at least six months from the date of the decree. No additional court proceedings are required beyond filing the motion.
Legal separation can be a beneficial option for some couples, but it involves complex legal and financial considerations. Our experienced Colorado family law attorneys can guide you through the process, ensuring that your rights and interests are fully protected. Whether you are considering legal separation as a long-term arrangement or as a step toward divorce, we are here to help you make informed decisions about your future.
Modification of Parenting Time
In Colorado, child custody is referred to as “parental responsibilities.” It is broken down into two parts:
- Decision-making is a parent’s right to make important decisions in a child’s life related to issues like education, religion, and medical treatment. As a general rule, the preference in Colorado is for joint decision-making responsibility, meaning both parents must agree. However, there may be situations where decision-making responsibility for all or some of these issues is awarded to one parent (such as in cases of domestic violence, child abuse, or neglect).
- Parenting time, or physical custody, includes where a child lives and the amount of time that they spend with each parent. There is no set formula for awarding parenting time in Colorado. Generally, each parent is entitled to parenting time, unless the parent presents a danger to the child’s physical or emotional well-being. As with decision-making, the best interests of the child is primary consideration for the court.
When co-parents of a child decide to break up, they can come to an agreement about how to share parental responsibilities. Agreeing to custody and visitation is often far less stressful and expensive than going to court. A parenting plan can include a parenting time schedule, the allocation of decision-making authority, how the parents will exchange the child, and how the parents will communicate with each other and the child.
Any agreement related to child custody will have to be written out in a parenting plan to be formalized in a court order. While you can have an informal arrangement, this can become an issue if there is a problem in the future. A Colorado family law attorney can help you draft a parenting plan that can be approved by the court. As long as the plan is in the best interests of the child(ren), it will be approved by the judge.
If you can’t come to an agreement about a parenting plan, then the court will develop one based on what they believe to be the child’s best interests. This involves examining all relevant circumstances, including:
- 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.
A court may also look at other factors, such as the parent’s ability to cooperate. Gender does not play a role in custody decisions (i.e., there is no preference given to Mothers or Fathers).
Even if one parent has primary parental responsibility, the noncustodial parent will typically get parenting time (visitation) unless there are concerns about the child’s physical or emotional health. If the court finds that one parent presents a danger, that parent may be prohibited from having overnight visits or may only be permitted supervised visitation. In some cases, grandparents may be able to seek visitation with their grandchildren.
Once a custody order has been entered, a parent usually cannot request a substantial modification (a modification that changes the primary custodian) within 2 years of a previous motion to make those requests. A modification that does not modify the primary custodian may be granted if it is in the best interests of the child and there has been a change in circumstances (such as a relocation).
Going through the child custody process can be incredibly stressful. Our Colorado family law attorneys will explain your rights and options in a custody case. We will then advocate for both you and your child, helping you achieve the best possible outcome.
Modification of Child Support
Under Colorado law, both parents are obligated to provide financial support to their children to cover their basic needs (such as housing, food, clothing, medical care, and education). If the parents have separated, then one parent may be required to pay child support to the other. Child support obligations cannot be waived by an agreement of the parties.
Colorado courts make child support awards based on calculations made through Colorado’s child support worksheets. The child support calculation has many factors, described in more detail below, but the largest factors are typically the incomes of both parties and amount of overnights each parent has with the child. As a result, the parent who has the child for the most overnight visits – the custodial parent – often receives child support, particularly if they make less income than the other parent.
Colorado uses a method known as “income shares,” which holds that children are entitled to a portion of each parent’s income. The goal of this method is to make sure that a child receives the same amount of financial support that they would have if their parents had not broken up.
Child support is calculated using child support guidelines. These guidelines take a number of factors into account, including:
- The gross income of both parents (including salary, wages and tips, commissions, bonuses, overtime pay, Social Security benefits, trust income, and unemployment benefits ;
- Any income the child might have;
- How many overnights the child spends with each parent;
- Expenses such as health insurance and daycare; and
- Other child support orders, financial support given to children the parent has with another partner, and any alimony that might be due or received.
When it comes to counting income, Colorado does not allow one parent to avoid child support obligations by refusing to work. If a parent refuses to provide evidence of their income or is voluntarily underemployed, the court can assign (impute) a potential gross monthly income to that parent. In this way, one parent can’t simply not work or only work part-time to get out of paying child support.
Once the court has determined both parents’ incomes, it will decide their combined basic child support obligation through a chart provided by the state. This number may be adjusted due to factors like childcare costs, healthcare costs, and any extraordinary medical or non-medical expenses. The basic child support obligation is essentially an estimate of what both parents would spend on the child if they were living in the same house.
Finally, the court will use the child support calculation worksheets to divide the child support obligation between the parents based on how many overnight visits a child has with each parent annually. This number is presumed to be fair, but there may be good cause to deviate from the child support guidelines. A Colorado family lawyer can help you request a departure from these guidelines based on your unique circumstances.
After child support obligations have been set, then the payments are made through the Colorado Family Support Registry. The paying parent can either have their child support withheld from their paycheck or withdrawn from their bank. The receiving parent can have this amount directly deposited into their bank account or put onto a child support payment card.
It is possible to have a child support order increased or reduced based on a change of circumstances, such as a parent’s income changing, the number of overnight visits changing, or the costs of raising the child has increased or decreased. For example, if your child support order included consideration of very expensive monthly daycare expenses, it may be modified when your kids reach school age and no longer require daycare. Temporary changes such as a bonus to one’s income or short-term unemployment, however, are not likely to result in a change to the support order.
While there are formulas and calculators to determine child support in Colorado, it is still an incredibly complex process. If you are getting a divorce or planning to break up with your child’s other parent, reach out to our law firm to schedule a consultation with a Colorado family law attorney.
Modification of Maintenance
Spousal maintenance (commonly known as alimony) is intended to provide financial support to a lower-earning spouse following a divorce. However, life circumstances can change, and a maintenance order may no longer be fair or appropriate. In Colorado, a court may modify or terminate spousal maintenance if there has been a substantial and continuing change in circumstances that makes the current order unfair.
Under Colorado law (C.R.S. § 14-10-122), spousal maintenance can only be modified if:
- There has been a substantial and continuing change in circumstances (e.g., a significant change in income, job loss, disability, or remarriage of the receiving spouse).
- The original maintenance order allows for modification (some agreements explicitly state that maintenance is non-modifiable).
- The modification request is filed before the maintenance term expires (once maintenance ends, it generally cannot be reinstated).
A court may grant a modification of maintenance due to:
- A significant increase or decrease in either party’s income (e.g., job loss, promotion, or retirement).
- A severe illness or disability affecting either spouse’s ability to work.
- The remarriage or cohabitation of the receiving spouse (maintenance may be terminated in such cases).
- A substantial change in financial obligations (e.g., medical expenses, cost of living adjustments).
In some cases, spousal maintenance may be terminated entirely if:
- The receiving spouse remarries or enters into a supportive cohabiting relationship.
- The paying spouse retires in good faith and experiences a significant income reduction.
- The receiving spouse becomes financially independent and no longer requires support.
Modifying or terminating spousal maintenance can be complex and highly contested. Our experienced Colorado family law attorneys can evaluate your case, gather the necessary financial evidence, and advocate for a fair outcome. Whether you are seeking to modify maintenance or defend against an unfair request, we are here to protect your financial interests.
Request Your Free Initial Family Law Consultation
Family law matters are often both emotionally and legally complex. Our law firm helps our clients settle child custody, child support, and divorce cases amicably whenever possible. When an agreement isn’t possible, we will advocate aggressively for our clients’ best interests in court.
Ascent Legal Group represents individuals in all types of family law matters throughout Colorado. We handle all types of family law cases, including divorce, child custody, legal separation, common-law marriage, adoption, and grandparent visitation. Call our law offices today at 719-256-0067, or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado family lawyer.