As a parent, your child’s safety, well-being, and future are always top priorities. If you are going through a divorce or separation, it’s completely normal to feel concerned about how these changes will affect your children. You may also be dealing with questions about finances, parenting time, and child support, all while navigating an emotionally challenging situation.
Under Colorado law, parental responsibilities are determined based on what is in the best interests of the child. These responsibilities include both decision-making authority and parenting time. Additionally, both parents are expected to contribute financially to raising their children, which may involve paying child support. Our Stonegate family lawyers are here to help you understand your rights and responsibilities while guiding you through every step of the process.
At Ascent Legal Group, we represent individuals and families in family law matters in Douglas County and the greater Stonegate, Colorado area. We approach each case with compassion, respect, and a thoughtful legal strategy. Whether you are going through a divorce, legal separation, or parenting disputes, our team is prepared to support you. Contact us today to schedule a free 30-minute consultation with a Stonegate family law attorney.
Family Law Cases Our Firm Handles
Our law firm is proud to assist clients in Stonegate with a wide range of family law matters. We understand that cost is an important consideration for many of our clients. In addition to working with our experienced attorneys, we also offer the option of working with a Colorado Licensed Legal Paraprofessional (LLP). For certain cases, working with an LLP can provide a more affordable alternative.
Colorado Divorce
In Colorado, all divorces (or dissolutions of marriage) are no-fault. This means that neither spouse has to prove wrongdoing to file for or be granted a divorce. Instead, one party simply needs to state that the marriage is irretrievably broken. Allegations such as adultery or other spousal misconduct are not used as grounds for divorce in Colorado.
To get divorced in Colorado, you must meet the residency requirements. At least one spouse must have lived in Colorado for a minimum of 91 days prior to filing for divorce. For cases involving children, Colorado courts generally have jurisdiction if Colorado is the child’s “home state,” meaning the child has lived in Colorado for at least 182 days prior to the case (or since birth for younger children), subject to certain exceptions. These requirements help to ensure that Colorado courts have the proper authority to decide the case.
Residency is usually fairly straightforward, but it can become more complex in military divorce cases. If either spouse is serving in the Armed Forces, our Colorado military divorce lawyers can help clarify jurisdictional and other legal considerations (such as divorce during a deployment).
A divorce case begins when one spouse files a Petition for Dissolution of Marriage and serves it on the other party. The responding spouse then has 21 days to respond (or 35 days if they live outside of Colorado). During the case, either party may request temporary orders to address urgent matters like parenting time, child support, or spousal maintenance.
In the early stages of the divorce process, both spouses are required to exchange detailed financial disclosures (even in uncontested divorce cases). These disclosures require you to list detailed information about your income, assets, debts, and monthly expenses.
Colorado follows the principle of equitable distribution. This means that marital property is divided fairly, although not always equally. Courts consider factors such as the length of the marriage and each spouse’s financial and non-financial contributions. In some cases, spousal maintenance (alimony) may be awarded based on financial need and ability to pay.
Many divorces can be resolved through negotiation or mediation. When a settlement agreement is reached, courts generally approve it as long as it is fair and complies with state law. Our Stonegate family law attorneys are experienced negotiators who work to achieve favorable outcomes while minimizing conflict.
Of course, negotiating a settlement isn’t always possible. If you can’t come to an agreement, the case may go to trial, where a judge will decide any unresolved issues.
For every divorce case, there is a minimum 91-day waiting period before a divorce can be finalized. Even if you and your soon-to-be ex agree on every issue in your divorce and file jointly, it will take at least 3 months for a final decree of dissolution to be issued.
If you are considering divorce, it is always a good idea to talk to a lawyer to get a better understanding of Colorado law and your rights. Our Stonegate family law attorneys offer free 30-minute consultations, so you get a better idea of what to expect. If you decide to hire our law firm, we will help you navigate each step with clarity and confidence.
Modification of Spousal Maintenance
Spousal maintenance, which is also referred to as alimony, may be awarded in divorce cases where one spouse needs financial support, and the other has the ability to provide it. However, life circumstances can and do change. In certain situations, spousal maintenance orders can be modified or terminated.
To request a modification, there must be a substantial and continuing change in circumstances. This may include situations such as:
- A significant increase or decrease in income
- Retirement at the legal age to collect social security
- Serious illness or disability
Not all maintenance orders are modifiable. If a divorce settlement agreement explicitly states that maintenance cannot be changed, then a request for modification will fail. Additionally, any request for modification must be filed before the maintenance term expires.
When deciding a request for modification, a court will evaluate various factors, such as changes in financial obligations, the cost of living, and each party’s ability to support themselves. For example, if the receiving spouse completes a degree program and is financially self-sufficient, then the paying spouse may seek modification or even termination of their support obligation.
In certain situations, spousal maintenance may be terminated automatically, such as if the receiving spouse remarries. After weighing the evidence, the court may also end spousal maintenance obligations in other situations, such as if the receiving spouse becomes financially independent or enters into a supportive cohabitating relationship. If the paying spouse retires in good faith and experiences a meaningful reduction in income, that may also be the basis to end spousal maintenance.
These cases are incredibly fact-dependent and can get contentious. If you are requesting or opposing a spousal maintenance modification, our Stonegate family lawyers will advocate for you and work to protect your financial interests.
Allocation of Parental Responsibility
In Colorado, the term allocation of parental responsibilities (APR) is used to describe what many states refer to as child custody. APR includes both decision-making authority and parenting time.
Decision-making authority is the ability to make important decisions about a child’s life, such as education, healthcare, and religious upbringing. Courts tend to prefer to award joint decision-making authority when the parents are able to cooperate and work together for their child’s best interests. When necessary and appropriate, a court may award sole decision-making authority for all, some, or a single issue related to the child.
Parenting time determines how much time each parent spends with the child. It is considered essential for maintaining strong relationships between the parent and child. It is also a factor that is used when determining child support. A parent with more than 90 overnights per year may be treated differently for child support calculation purposes.
All decisions related to APR are made based on the best interests of the child. Courts will consider factors 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.
Whenever possible, parents are encouraged to create their own parenting plans. Coming to an agreement is often less stressful and far less costly than going to court. Our Stonegate family lawyers can work with you to help you develop a parenting plan that supports your child’s best interests.
However, it is important to get any parenting plan approved by the court. An informal parenting plan can work, but if any problems arise, you won’t be able to go to court to enforce the agreement. Formalizing the agreement provides long-term stability and protection.
APR orders can be modified when there is a significant change in circumstances, and the modification serves the child’s best interests. Unless there is an emergency situation, modifications to decision-making authority and parenting time plans generally cannot be requested more than once every two years unless certain exceptions apply.
We understand that any type of court case involving your kids can be incredibly difficult from an emotional standpoint. Our Stonegate family law attorneys are committed to protecting your parental rights while working towards solutions that benefit your child.
Child Support Modifications
Colorado uses an “income shares” model to calculate child support. This system is based on the idea that children should receive the same level of financial support that they would have if their parents had remained together.
Child support calculations take into consideration:
- 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 total support obligation, the court divides responsibility between the parents based on their income and parenting time. Typically, the parent with less parenting time pays child support to the other parent. All child support payments are made through the Colorado Family Support Registry.
If your financial situation changes, you may be able to request a modification. Common reasons for a modification include income changes, job loss, or increased expenses related to a child’s care. For example, if the paying parent was laid off from their job and was having a hard time finding a new job that paid the same salary, that may justify a modification of support obligations.
Because child support calculations can be complicated, it is always a good idea to talk to a lawyer about your rights. Our experienced Stonegate family law attorneys can help to ensure the best possible outcome based on the unique facts of your case.
Talk to a Stonegate Family Law Attorney Today
Family law matters, particularly those involving divorce, parenting responsibilities, and child support, can be among the most challenging experiences that you face in life. At Ascent Legal Group, we combine legal expertise with practical guidance to help you navigate these issues with confidence.
Whenever possible, we work to resolve disputes outside of court, while remaining fully prepared to take your case to court if necessary. We also offer flexible representation options, including working with a Licensed Legal Paraprofessional for a more cost-effective solution.
If you need assistance with a family law matter in Stonegate, 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 speak with a knowledgeable Stonegate family lawyer.
Colorado Family Law FAQs
How Long Does a Divorce Take in Colorado?
In Colorado, there is a mandatory 91-day waiting period from the date that a divorce petition is filed before the divorce can be finalized. While uncontested divorces may be finalized within that 3-month window, more complex cases can take a year or longer to resolve. If you and your spouse dispute any aspect of your divorce (such as property division or parenting time), the divorce will probably take at least 6 months to complete.
Is Colorado a 50/50 Divorce State?
No. While a couple’s assets and debts may be split down the middle in some situations, that isn’t always the case. Colorado is an equitable distribution state, which means that the goal is to divide marital property fairly. This does not always mean that the property will be divided cleanly in half between the spouses.
Does Colorado Require Mediation in Family Law Cases?
Sometimes. In many Colorado family law cases, courts often require mediation before a case can proceed to trial. This is particularly true in cases involving disputes over the allocation of parental responsibilities.
Mediation gives both parties the opportunity to resolve issues like parenting time, decision-making authority, and financial issues outside of court. This can often save time, reduce costs, and minimize conflict.
Resources:
- Petition for Dissolution of Marriage or Legal Separation (Form JDF 1011). Colorado Judicial Branch. https://www.coloradojudicial.gov/sites/default/files/2026-03/JDF1011.pdf
- Petition for Allocation of Parental Responsibilities (Form JDF 1413). Colorado Judicial Branch.https://www.coloradojudicial.gov/sites/default/files/2023-07/JDF1413.pdf