Colorado Springs Family Law Lawyer

Divorce

One of the most significant areas of family law is divorce. As mentioned, divorce is a fairly common experience for couples in the modern age. However, just because it is a common occurrence does not make it less painful. Divorces can go a lot of different ways. In some cases, the process does not take long at all. For example, if a divorce filing is uncontested, or the couple did not share property, it can be more straightforward to divide assets and move the process along. However, if the couple owned significant amounts of property, a business of any kind, or had children together, the process can take a bit longer.

Property Division

Property division makes up a large part of the divorce process. As couples build assets together, it is essential to ensure that each benefits equally from their hard work when the marriage ends. Property does not simply mean homes and real estate. In the case of divorce, property includes:

• Savings
• Retirement accounts
• Businesses
• Stocks and bonds
• Investments
• Cars and other large ticket items
• Property, including homes, cabins, vacation houses, and empty land

In some cases, all assets can be split evenly between the two spouses. However, not all of these assets can be divided. For example, you cannot physically split a house between two divorced individuals.

In cases such as these, the attorneys negotiate. Perhaps one spouse will get the home, and the other will get the cabin. Another method is selling the home and splitting the profit. There are many ways to approach this process. As long as the value of the assets ends up fairly divided, the property division is successful.

Child Custody

One of the most heart-wrenching aspects of divorce is determining child custody and visitation. Most parents do not want their relationships with their kids to suffer just because their marriage is ending. However, many worry about seeing their children less often or facing resentment from their kids over what has happened.

Child custody cases are meant to determine what is in the best interests of the child. The court has no interest in anything else during these cases. However, the courts also understand that ideally, a child would have both parents in their life. Therefore, shared custody is an option unless one parent is ill-equipped to care for the children alone, too busy, or has a history of abuse.

In some situations, one parent does not wish to be involved, and the court considers this. But, ultimately, the judge aims to provide the children with sufficient care administered by a parent or parents who want to do the job.

Child Support

Another significant aspect of divorce is determining child support. Many individuals get confused about how child support works because it is not always as apparent as it seems. Ultimately, both parents have to be contributing equally to their children’s upbringing, either via guardianship, financial support, or both.

Most people understand that if one parent is the full-time caretaker of the children, the other parent should have to contribute financially to make up for a lack of physical presence. However, this is not the only time when child support is warranted. You must understand that parents have to contribute equitably to their child’s life, meaning that the support is commensurate with their income. It would be unfair for both parents to contribute the same amount if they make vastly different incomes.

Sometimes, parents have partial custody and pay child support payments to even out the percentage of their income that each parent contributes.

Spousal Maintenance 

In some situations, spousal maintenance, or alimony, is warranted. This often occurs if one spouse brings in a more significant income than the other spouse. Usually, we see this when one spouse stays home and the other goes out into the workforce. In these situations, the higher-earning spouse may be asked to pay the other spouse a sum to help compensate for the income loss during a divorce.

It is important to remember that this is not applicable in all divorces. Your attorney will be able to alert you if you or your spouse is eligible to ask for spousal support. To receive these payments in the state of Colorado, you must have been married for at least 36 months. If you were married for 12.5 years or more, you could expect the payments to last the equivalent of half your marriage duration.

Modifications

All of the above are legally binding decisions. First, the court determines the terms of these agreements, after which the members are legally obligated to fulfill their part of the agreement.

However, this does not mean that the agreements cannot change. On the contrary, there are many situations in which an existing agreement may no longer suit those involved, and a change is necessary.

Changes to these agreements are called modifications. They can be obtained through the court system with the help of your Colorado Springs attorney. It is vital to make these changes through the proper channels to guarantee that they are legally binding. If you attempt to make changes on your own, the law cannot hold any party to the new agreement’s terms.

Some examples of modifications include:

• Decreasing or ending spousal maintenance payments when the supported spouse gets a job or remarries.
• Altering child custody agreements if the adults’ lives change, if one party moves away, or if the children have new schedules.
• Altering child support payments if there has been a change in income or need.

These are not the only examples of potential modifications. Many situations may warrant changes. If you believe you are eligible for a modification to a family law agreement, contact your Colorado Springs family law attorney.

Orders of Protection

Unfortunately, family law is not all about supporting changing families and fostering new lives for spouses seeking a divorce. In some cases, domestic violence comes into play. These situations are often heartbreaking and require delicate legal advice.

In moments of crisis, emergency orders of protection can be obtained through local law enforcement. These no-contact agreements can help shield the victim from their abuser and keep them safe until a more permanent protective solution is created. Permanent protective orders are possible after a hearing occurs, and a judge reviews the circumstances surrounding the domestic violence and protection request.

Protective orders can be created against a limited number of people, as they deal directly with domestic violence and abuse in the home. This means that spouses, children, parents, roommates, caretakers, etc., can have protective orders created against them.

In some cases, the protective order is the only step the victim chooses to take against their abuser. Though they do not last forever, the protection for a limited time may be enough to keep them safe. However, in many other cases, if the victim and abuser were married, the victim chooses to seek a divorce from their abuser to further distance themselves and permanently end the relationship. It is best to have a Colorado Springs attorney fighting on your side in these situations and all cases involving protective orders.

Frequently Asked Questions

What Should I Expect from a Colorado Springs Divorce Process?

Navigating a divorce in Colorado Springs involves several steps dictated by state law. One must consider mandatory waiting periods and residency requirements. Typically, one spouse must have lived in Colorado for at least 91 days before filing. Furthermore, the court requires a 90-day period after filing before a divorce can be finalized. Understanding these timelines helps plan and manage expectations effectively. At Johnson Law Group, we provide guidance throughout this process, ensuring all legal requirements are met efficiently.

How Are Parental Responsibilities Decided in Colorado?

In Colorado, parental responsibilities are determined with the child's best interests as the central focus. Factors influencing court decisions include each parent's ability to care for the child, the child's relationship with siblings and other family members, and any history of domestic violence. Johnson Law Group assists parents in creating parenting plans that meet these guidelines and advocate for arrangements that prioritize the child’s needs while maintaining strong family bonds.

What Are Common Reasons for Modifying Family Law Orders in Colorado?

Adjustments to family law orders such as custody, support, and maintenance are often needed due to life changes that impact financial stability, health, or geographic locations. Common circumstances include significant income changes, remarriage, or changes in a child’s needs. The modification process involves demonstrating these changes to the court, ensuring adjustments promote fairness while reflecting new circumstances. Our team supports clients through this process by gathering and presenting compelling evidence to substantiate their claims effectively.

Do I Need a Colorado Springs Family Law Attorney?

Navigating family law matters can be complex and emotionally charged. Whether you are facing divorce, custody disputes, adoption, or other family-related legal challenges, the guidance of an experienced Colorado Springs family law attorney is invaluable. We can provide objective advice, protect your rights, and advocate for your best interests. While some may consider representing themselves, the intricacies of family law often necessitate professional legal counsel to achieve the best possible outcome. We can help you understand your options, navigate the legal procedures, and work toward a resolution that meets your needs.

At Johnson Law Group, we pride ourselves on our stellar local reputation. Experts outside our organization highly recommend all of our attorneys so you can be confident that we can adequately fight your case. In addition, we practice open, honest communication with all our clients to help make the process go smoothly and foster a respectful working relationship. Our dedication to client satisfaction is reflected in our consistent record of successful outcomes and the trust we have built within the Colorado Springs community.