Colorado Divorce Lawyer

Divorce can be an emotionally draining and complex process. At Baker Law Group, we understand the unique challenges each case presents and are dedicated to offering tailored legal guidance that addresses your specific needs, ensuring that your rights and interests are protected throughout the proceedings. If you are considering a divorce, don’t hesitate to reach out to one of our Colorado divorce lawyers.

Understanding Colorado Divorce Laws

Colorado operates under a no-fault divorce system, meaning that either spouse can file for divorce based on the irretrievable breakdown of the marriage. This approach focuses on resolving the issues at hand without assigning blame, allowing for a smoother and less contentious process. It allows couples to focus on resolving key issues such as property division, spousal maintenance, child custody, and child support.

How to File for Divorce in Colorado

The first step in the divorce process is filing a Petition for Dissolution of Marriage with the district court in the county where either spouse resides. Colorado law requires that at least one spouse has been a resident of the state for a minimum of 91 days before filing for divorce.

Once the petition is filed, the other spouse (the respondent) must receive the divorce papers. The respondent then has 21 days to file a response if they live in Colorado or 35 days if they live outside the state. If the respondent fails to respond within the given timeframe, the court may grant a default judgment in favor of the petitioner.

When Can You Modify a Divorce Agreement?

You may be eligible for a modification if:

• A substantial change in income occurs – If one party experiences a job loss, a significant promotion, or a financial setback, spousal support or child support payments may be adjusted.
• Child custody or parenting time needs adjustment – Relocation, changes in the child’s needs, or a parent’s inability to meet existing custody requirements can justify a modification.
• Health-related changes impact financial or custodial responsibilities – A serious medical condition or disability affecting either parent or child may necessitate modifications to support or custody agreements.
• Failure to comply with the original order – If one party is not adhering to the terms of the original divorce decree, legal action may be required to enforce or modify the agreement.

How to Request a Post-Divorce Modification in Colorado

To modify a divorce agreement, the requesting party must file a petition with the Colorado family court demonstrating a material and substantial change in circumstances. The court will review the request and consider the best interests of any involved children before granting approval.

Because legal standards for modifications are complex, consulting an experienced Colorado divorce lawyer can help ensure you present a strong case for the changes you need.

How is Property Divided in Colorado?

In Colorado, marital property is divided according to the principle of “equitable distribution,” which means that property and debts are divided fairly but not necessarily equally. Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property, such as assets owned before the marriage or received as gifts or inheritances, is generally not subject to division.

Factors Courts Consider in Property Division

Colorado courts evaluate several factors when determining fair asset distribution, including:

• The duration of the marriage
• Each spouse’s financial contributions to the marriage
• Whether one spouse sacrificed career opportunities for the marriage
• The economic circumstances of each spouse post-divorce
• Any agreements, such as prenuptial or postnuptial agreements, that dictate asset division

How a Colorado Divorce Lawyer Can Help

Disputes over property division can be complex, especially when dealing with high-value assets, business ownership, or hidden assets. A skilled Colorado divorce attorney can help negotiate a fair settlement or advocate for your financial interests in court.

How is Spousal Maintenance (Alimony) Determined?

Spousal maintenance, also known as alimony, may be awarded to one spouse to help maintain their standard of living after divorce. In Colorado, the court considers several factors when determining whether to award maintenance, including:

• The financial resources of both spouses, including marital property awarded in the divorce
• The need for support and the ability of the other spouse to pay
• The lifestyle established during the marriage
• The duration of the marriage
• The age, physical condition, and emotional condition of both spouses
• The ability of the recipient spouse to become self-sufficient through employment or education

Colorado uses a formula to calculate the amount and duration of maintenance for marriages lasting at least three years. However, the court has discretion to deviate from the formula based on the specific circumstances of the case.

Child Custody and Parenting Time

Child custody, or parental responsibilities, is often the most contentious issue in a divorce. Colorado law prioritizes the best interests of the child when determining custody arrangements. The court considers various factors, including:

• The wishes of the parents and the child, if the child is mature enough to express a preference
• The child’s relationship with each parent and other significant individuals
• The child’s adjustment to their home, school, and community
• The mental and physical health of all parties involved
• Each parent’s ability to encourage and support the child’s relationship with the other parent

Colorado encourages parents to create a parenting plan that outlines how they will share decision-making responsibilities and parenting time. If the parents cannot agree on a plan, the court will establish one based on the child’s best interests.

How is Child Support Calculated?

In Colorado, both parents are responsible for financially supporting their child. Child support is calculated using a formula that considers each parent’s income, the number of overnights the child spends with each parent, and other relevant factors. The court may also order additional support for expenses such as health insurance, childcare, and extracurricular activities.

Mediation and Legal Representation 

Mediation offers a collaborative approach to resolving divorce-related disputes, helping couples reach agreements outside of court. At Baker Law Group, our experienced attorneys are committed to guiding you through mediation or, if necessary, advocating for you in court to achieve the best possible outcome. Our litigation attorneys are dedicated to protecting your rights and interests while helping you achieve a fair and favorable outcome.

Why Choose Baker Law Group?

At Baker Law Group, we pride ourselves on offering personalized, client-focused legal services. Our Colorado divorce attorneys take the time to understand your unique situation and develop tailored strategies to meet your needs. With a track record of successful outcomes, we are well-equipped to handle even the most complex divorce cases.

Our firm is committed to:

• Providing compassionate and empathetic support throughout the divorce process
• Advocating vigorously for your rights and interests
• Offering clear and honest communication at every stage
• Utilizing our extensive knowledge of Colorado family law to achieve favorable results
• Employing alternative dispute resolution methods, such as mediation, to resolve conflicts amicably when possible

Call Our Colorado Divorce Attorney

If you are facing a divorce in Colorado, don’t navigate this challenging time alone. The experienced attorneys at Baker Law Group are here to help. We understand the intricacies of Colorado divorce law and are committed to providing compassionate and effective legal representation. Contact us today to schedule a consultation and learn how we can assist you in achieving the best possible outcome for your case.