There are few types of legal matters more stressful and emotionally-charged than a family law case. At Ascent Legal Group, we offer strategic legal representation to clients throughout the Security-Widefield area. Our practice includes representing clients in divorce, child custody, child support, and modification matters.
We treat each client with compassion and respect, understanding that going through a breakup or dealing with child custody issues can be incredibly difficult. Our goal is to help our clients achieve the best possible outcome in a smart, cost-effective way. Reach out to our law firm today to schedule a free 30-minute consultation with a Security-Widefield family law attorney.
Family Law Cases We Handle
Ascent Legal Group represents clients in family law matters throughout El Paso County. Our
Security-Widefield family lawyers and licensed legal paraprofessionals (LLPs) are adept at helping our clients navigate the legal system, whether they are seeking to get divorced, get custody of their kids, or modify an existing family law order.
Divorce
In Colorado, all divorces are considered “no-fault.” To get divorced in Colorado, you don’t have to prove that your spouse did something wrong. Instead, one or both spouses can file a petition alleging that the marriage is irretrievably broken.
For any type of case, the court has to have jurisdiction or the authority to decide the matter. When it comes to divorce, you will have to prove that you (and/or your spouse) have lived in Colorado for at least 91 days before filing a petition for dissolution. If you share minor children, then they must be residents of Colorado for a minimum of 182 days before you file for divorce.
If you meet the residency requirements, then you can start the process by filing a petition for dissolution of marriage in the El Paso County district court. This petition can be filed by one spouse or by both spouses. In situations where one spouse files for divorce, they must serve the other spouse. The responding spouse then has 21 days to file an answer (or 35 days if they live outside of Colorado). After an initial status conference, the parties can request temporary orders, such as for child custody and/or spousal support.
There are two types of divorces in Colorado: contested and uncontested divorces. In a contested divorce, the couple disagrees about one or more issues (such as the division of property, spousal maintenance, child custody, and/or child support). In an uncontested divorce, the couple is able to come to an agreement on these matters. For uncontested divorces, it may be possible to get divorced in as little as 91 days, the statutory waiting period for divorce in Colorado.
For both contested and uncontested divorces, both spouses must complete a sworn financial disclosure. These disclosures are required in every case, as they are used to determine property division and spousal maintenance. To complete the form, you will need to input detailed information about your income, expenses, assets, and debts.
Colorado is a marital property state (instead of a community property state). To divide property, the court will first determine which assets and debts are marital property. Generally, marital property is an asset or debt acquired by a couple during the marriage. Separate property is any asset or debt owned by a spouse before marriage or received via gift or inheritance during marriage. These determinations can get complicated, so our Security-Widefield family law attorneys will help you understand exactly what property is subject to division.
When the marital property is appropriately characterized, it will then be divided equitably. This means that the court will split the property in a way that it decides is fair, rather than equally. If you would like to avoid having a judge decide how to divide up your assets and debts, our lawyers can work with you to negotiate a settlement that addresses property division, spousal maintenance, child custody, and/or child support. The court will then review the agreement to ensure that it is fair and complies with Colorado law before approving it and issuing a decree of dissolution.
There are situations where it simply is not possible for a couple to cooperate enough to agree to a divorce settlement. There are a few different options in more contentious divorces, such as having your attorneys negotiate a settlement or using a form of alternative dispute resolution, such as mediation. Ascent Legal Group will work to negotiate a settlement whenever possible, all while developing a trial strategy in the event that you can’t resolve the case outside of court.
Divorce is rarely easy, even when it is something that both you and your spouse agree is best. Our Security-Widefield family lawyers will explain your rights and the likely outcomes based on the unique facts of your case. We will then work with you to help you achieve the best possible resolution to your case so that you can move forward with your life after divorce.
Modifying Spousal Maintenance
In Colorado, one spouse may be awarded spousal maintenance (alimony) in certain situations. First, the parties may agree to spousal support. Second, a court may award spousal maintenance when one spouse is in need of financial support and the other spouse has the ability to pay it.
Once an agreement or order is in place, either spouse can seek a modification if there has been a substantial and continuing change in circumstances. Under this standard, a temporary change in circumstances – such as working reduced hours for a few months – will not suffice. Instead, a court may modify a spousal maintenance order if:
- There has been a substantial and continuing change in circumstances (like a significant change in income, a job loss that lasts more than a few months, disability, or the remarriage of the spouse who receives the alimony).
- The spousal support agreement or order permits modification.
- The modification request is filed before the maintenance term has ended (if the spousal maintenance term has expired, it typically cannot be reinstated).
When a party files a request for modification, the court will review the documentation to determine if it meets the criteria. A judge may grant a request to increase, decrease, or terminate maintenance if:
- There has been a significant increase or decrease in either party’s income (such as a long-term job loss, promotion, or retirement).
- A severe illness or disability affects either spouse’s ability to work.
- There has been a substantial change in financial obligations (including medical expenses and cost of living adjustments).
- The receiving spouse remarries (including common law marriage) or enters into a supportive cohabiting relationship (potential termination)
- The paying spouse retires in good faith and experiences a significant income reduction (potential termination).
- The receiving spouse becomes financially independent and no longer requires support (potential termination).
Whether you are currently paying or receiving spousal support, there is a strong likelihood that you or your ex will not be thrilled about a request for modification. Our experienced Security-Widefield family lawyers can advise you of your options and the likely outcome when it comes to filing a request to increase, decrease, or terminate spousal maintenance. Our team will then work hard to protect your rights and advocate for your best interests.
Modifying Parenting Time/Child Custody
In Colorado, child custody is known as parental responsibilities. It is divided into two separate components:
- Decision-making authority, or legal custody, involves a parent’s right to make decisions about important matters in a child’s life, such as medical care, education, and religion. Whenever possible, courts will order shared decision-making authority. However, in situations where the parents cannot agree on a particular issue or cannot co-parent effectively, a judge may award decision-making authority (in whole or in part) to one parent. Like all child custody determinations, this decision will be made in the best interests of the child.
- Parenting time, or physical custody, is the amount of time that each parent spends with their child. When both parents have a roughly equal number of overnight visits per year, then they have what is known as joint parental responsibilities. If one parent has 90 or fewer overnight visits per year, then they are considered the noncustodial parent. The other parent has primary physical custody.
When courts make child custody decisions, the overarching consideration will be the best interests of the child(ren). In situations where parents cannot agree on a parenting plan, a court will decide parental responsibilities based on the following factors:
- 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.
At Ascent Legal Group, our Security-Widefield family law attorneys can help you understand your rights and options when it comes to child custody. Generally, it is a good idea to have a formal custody plan in place, even if you can agree on custody. Having a court-approved custody order will be incredibly important if your child’s other parent violates the custody agreement and you need to go to court to enforce your rights.
It is possible to modify a child custody agreement if (1) there has been a change in circumstances and (2) it is in the best interests of the child. For example, if a child is diagnosed with a developmental disability like autism spectrum disorder, then the order may be modified so that the parent with a more flexible work schedule has primary custody.
Custody cases can be particularly complex from an emotional standpoint. If you are going through a custody dispute or want to modify your existing parenting plan, our Security-Widefield family lawyers can help. We will review the facts of your case with you and help you achieve the best possible outcome for you and your kids.
Modifying Child Support in Colorado
In Colorado, both parents are required to provide basic financial support to their children. Colorado courts use this principle, through the income shares formula, to determine child support. Essentially, the income shares formula analyzes the income of both parents to determine an amount that the child would have received in financial support if their parents were still together.
Typically, the noncustodial parent pays child support to the parent with primary physical custody. Of course, there are unique situations, which we can talk you through as part of your child custody and support case. Colorado judges will evaluate the following when deciding child support:
- 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.
With the parents’ income determined, the court will then use a chart to find their combined basic child support obligation. This number may be adjusted in certain situations, such as if the parents have agreed to send their child to a private school or for them to participate in a pricier sport. The combined basic child support obligation represents what both parents would have spent on the child if they were together.
To decide who pays child support and the amount of child support, the court will then analyze parenting time. If a parent is required to pay child support, then they will make payments through the Colorado Family Support Registry.
It is possible to modify child support if there has been a change of circumstances and an adjustment would be in the best interests of the child. For example, if a child is diagnosed with a medical or mental health condition and has a higher level of needs, then that may warrant an increase or decrease in child support. If the custody situation changes, then a court may also order a modification of child support.
Child support calculations can be complex, particularly when a child has more unique needs. If you are co-parenting with your ex and want to explore modifying child support, our Security-Widefield family law attorneys can walk you through the process. We will explain the legal landscape and help you decide how to move forward with your case.
Contact Our Law Offices for a Free Consultation with a Security-Widefield Family Lawyer
Whether you are going through a divorce or simply want to amend an existing family law order, our law firm is here for you. We understand how stressful family law matters can be. We offer compassionate, skilled legal representation to individuals and families throughout El Paso County.
Ascent Legal Group advocates for clients who are dealing with divorce, spousal support, child custody, and/or child support matters. We take pride in our ability to resolve matters amicably when possible, while still being fully prepared to defend your rights in court. Contact our law offices today at 719-256-0067 or fill out our online contact form for a free 30-minute consultation with a Security-Widefield family law attorney.