Divorce Attorneys in Colorado Springs

Colorado calls divorce dissolution of marriage. It is a no-fault process: the only ground is that the marriage is irretrievably broken, and neither spouse has to prove the other did anything wrong. What the case is really about is the property, the debts, maintenance, and, where there are children, the parenting plan and support.

The timeline

One spouse must have lived in Colorado for 91 days before filing. After that, the court can’t enter a decree until at least 91 days have passed since the other spouse was served, joined the petition, or appeared in the case. That is the minimum, and a contested case usually takes longer.

Marital and separate property

Everything either spouse acquired during the marriage is presumed to be marital property, whoever’s name is on it. The exceptions are gifts and inheritances, property acquired in exchange for something owned before the marriage or received as a gift or inheritance, property acquired after a decree of legal separation, and property the spouses excluded by a valid agreement.

Separate property stays with its owner, with one important exception: any increase in its value during the marriage is marital. A house one spouse owned before the wedding, for example, is separate, but its appreciation during the marriage is divided.

How property is divided

Colorado divides marital property in the proportions the court finds just, which is not necessarily equal. The court doesn’t consider marital misconduct. It does consider each spouse’s contribution, including as a homemaker, the value of each spouse’s separate property, each spouse’s economic circumstances, and whether the spouse with the children most of the time should keep the family home for a period. Property is valued as of the decree or the property hearing. Retirement accounts, pensions, businesses, and military retired pay each need their own analysis.

Spousal maintenance

Maintenance, which other states call alimony, is not automatic. The court can award it only if the spouse asking for it can’t meet their reasonable needs from their own property, including their share of the marital property, and can’t support themselves through appropriate work, or is caring for a child whose needs make working outside the home inappropriate.

For marriages of at least three years where the spouses’ combined annual adjusted gross income is $240,000 or less, Colorado’s advisory guidelines suggest an amount and a length of time. They are a starting point, not a presumption, and the court weighs a long list of factors. For marriages over 20 years, maintenance can be for a set term or indefinite.

Legal separation

A legal separation decides the same issues as a divorce, but the spouses stay married. Some people choose it for religious reasons, or because they aren’t ready to divorce. Either spouse can ask the court to convert a legal separation into a divorce once 182 days have passed since the decree. Property acquired after the legal separation decree is separate.

Changing the orders later

The property division is essentially final. Maintenance can be modified, but only for payments after the motion is filed, and only on a showing that circumstances have changed so substantially and continuously that the existing terms have become unfair. Parenting time and child support have their own standards; see child custody and child support.

How we handle divorce cases

We start with the full financial picture: what exists, what is marital, and what it is worth. We identify the issues that really matter to you and the ones that are worth settling, and we prepare the case so that you negotiate from a position the evidence supports. When a hearing is necessary, we’re ready for it.