Family Law

• Divorce
• Child Support
  Colorado law provides for a mathematical formula for the calculation of child support. Both parties’ incomes along with certain expenses paid on behalf of the child/children are entered into the calculation. Factors such as the amount of overnights each parent has can, in some cases, change the presumptive amount of support to be paid. In general, Colorado law provides that child support may be modified upon a showing that a continuing and substantial change of circumstances has occurred. The change must affect the child support to result in a change 10% or greater from the current amount in order for the Court to review the matter. Certain situations allow for a deviation from the presumptive child support number and provisions for payment of medical insurance and/or daycare may be grounds for a modification.
• Child Custody and Visitation
• Premarital Agreement
  Colorado law provides that parties may contract with respect to rights and obligations to property owned by one party or by both parties. These agreements may be made prior to a marriage, called a Prenuptial Agreement, or may be made after the marriage but before any consideration of divorce, called a Postnuptial Agreement. Generally the Court will enforce the provisions of these agreements unless there is evidence of involuntariness, insufficient disclosures or unconscionable provisions. Any party considering signing a marital agreement should first have an understanding of Colorado law.
• Spousal Support
  Colorado uses the term “Maintenance” for spousal support paid by one party to another in a divorce/legal separation. Many states use the term “Alimony”. On January 1, 2014, Colorado law enacted maintenance guidelines. The guidelines provide for a presumptive amount of maintenance and presumptive duration based upon the income of both parties and length of the marriage. For any permanent maintenance or maintenance that extends beyond the entry of a decree of dissolution of marriage/legal separation, a party still must demonstrate that he/she lacks sufficient property to provide for his/her reasonable needs and is unable to support himself/herself through appropriate employment. Certain exceptions apply for a parent caring for a very young child. Despite the maintenance guidelines, the amount and duration of any maintenance award remain case specific and dependent on the facts of that situation.
• Legal Separation
  Colorado is a no fault divorce state. Any party may file for a dissolution of his/her marriage based upon a claim of an irretrievable breakdown of the relationship. A party must be a resident of Colorado for 90 days prior to filing for a dissolution of marriage or legal separation. The Court will only grant a decree of divorce/dissolution after 90 days have passed since there was valid service of the Petition on the other party and after certain documents are filed with the Court in conjunction with the proceedings. A party may request a decree of legal separation in lieu of a decree of dissolution. Certain cases may pose jurisdictional problems if the other party resides in another State and/or if the parties own property located in other States or if minor child/children reside outside of Colorado.