FAQ

In Colorado, to file for a military divorce, one of the spouses must fulfill the state's residency requirements. This typically means that either spouse must have been domiciled in the state or be stationed on a Colorado military base. It's essential to establish residency to ensure the proper jurisdiction for your divorce proceedings, allowing Colorado courts to manage your case efficiently. Our team can help determine if you meet these requirements and guide you through the filing process.

Additionally, understanding the difference between domicile and residency is important. “Domicile” refers to where you intend to make your permanent home, whereas “residency” can merely be a place where one temporarily resides. In divorce contexts, domicile is typically the deciding factor. The courts will look at elements such as your driver's license, vehicle registration, and any sworn statements of intent. We offer comprehensive guidance to ensure all jurisdictional questions are properly addressed in your case.

Child custody arrangements in a military divorce can be greatly affected by deployment schedules and relocations. Colorado courts prioritize the child's best interests, factoring in stability and continuity of care. Additionally, federal laws allow for the temporary suspension or modification of court orders in cases of deployments or international assignments. Our attorneys work closely with military families to develop custody plans that reflect the unique demands of military life while ensuring the welfare of the children involved.

Creating a family care plan is another crucial consideration for military parents. This plan outlines caregiving responsibilities during deployments. It is important for these considerations to be incorporated into custody agreements to ensure continuity and care in a manner that's consistent with military obligations.

Ex-spouses of military members may retain health benefits through TRICARE depending on specific criteria under the Continued Health Care Benefit Program (CHCBP). Eligibility often depends on the length of the marriage and service overlap. Understanding and securing these rights is complex but essential in maintaining access to medical care post-divorce. Our team is skilled in identifying applicable benefits and advising you on the best course of action to preserve these entitlements when possible.

Ensuring TRICARE eligibility calls for a clear understanding of the 20/20/20 rule, which allows an ex-spouse to maintain benefits if the marriage lasted at least 20 years, the service member had at least 20 years of creditable service, and there was at least a 20-year overlap. Ensuring you receive accurate advisement helps avoid any unexpected loss of coverage, and our team is dedicated to ensuring you are completely informed about your healthcare options.

Mediation can help with divorce, child custody, parenting plans, division of property, and support arrangements. Many families also use mediation for modifying existing agreements or resolving conflicts about relocation and other changes.

Courts often order mediation before a trial, especially in disputes involving parental responsibilities or child support. Even when not required, many families choose mediation to save time and reduce conflict.

No. Mediators do not make binding decisions. If parties reach a voluntary agreement, attorneys can help document the terms and submit them to the court for approval, making them enforceable.

The length varies depending on the issues and participation of both parties. Some agreements resolve in just a few sessions, while complex cases can take more time to complete.

Mediation often helps families communicate in a structured setting, even when discussions feel difficult. A neutral mediator guides the process to keep conversations focused and productive.

Partial agreements still benefit you by reducing contested issues if litigation becomes necessary. Even if some matters remain unresolved, the time and money saved on settled issues is valuable.

Yes, even with attorney representation, mediation typically costs significantly less than traditional litigation because it requires fewer court appearances and less formal preparation.

Yes, mediation is particularly effective for resolving child custody matters. By facilitating discussions focused on the child’s best interests, mediation allows parents to collaboratively create a parenting plan that works for all parties involved. This approach not only reduces stress but also promotes cooperative co-parenting post-divorce.

Not every divorce is suited for mediation, but in many cases, it's a powerful alternative to litigation. You should consider mediation if:

• You and your spouse want to keep the divorce civil.
• You both prefer to make your own decisions rather than letting a judge decide.
• You want to save money on legal fees.
• You have children and want to minimize conflict for their sake.
• You need help navigating financial issues but are willing to compromise.

Mediation is not mandatory, but courts in Colorado often encourage it because it leads to better long-term outcomes for both parties.

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.

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.

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.

The timeline varies. Uncontested divorces can take as little as 90 days (the minimum waiting period), while contested divorces may take several months or longer.

If you and your spouse agree on everything, you may not need a court hearing. However, if there are disputes, a judge may need to make final decisions.

Colorado uses equitable distribution, meaning assets are divided fairly but not necessarily equally. Factors like income, contributions, and financial needs are considered.

Spousal maintenance is awarded based on factors like income differences, marriage length, and financial need. Not all divorces involve alimony.

No. Colorado is a no-fault state, meaning one spouse can file for divorce even if the other does not agree.

Child support is based on a formula that considers both parents’ incomes, parenting time, and child-related expenses. The court ensures that both parents contribute fairly to their child’s financial needs.

Yes, modifications are allowed if there is a significant change in circumstances, such as a change in income, custody arrangements, or the child’s needs. You must file a request with the court.

Failure to pay child support can result in wage garnishment, license suspension, tax refund interception, or even legal penalties, including contempt of court.

No, child support in Colorado generally ends when the child turns 19, unless special provisions are made for extended support, such as covering higher education costs.

Yes, but paternity must first be legally established. Once confirmed, the court follows the same child support guidelines as for married parents.

Child support orders remain valid across state lines under federal law, and enforcement actions can still be taken in the new state.

Until the child turns 19, or longer if they’re still in high school or have a disability.

You may be tempted to go looking for ways you can defeat a protection order without actually violating any of the terms dictated within it. However, we strongly recommend against trying to do this. Not only are you putting yourself at risk for violating one of these terms (and therefore violating the order), but doing so can also work against you significantly at your hearing. It is much better to comply with your order and then litigate your case in court.

In Colorado, you must be legally separated for at least six months before officially filing for divorce. This separation period should give the spouses time to make sound decisions about the future of their marriage and either reconcile or move forward with the divorce. The individuals are welcome to live apart before or during this period.

The length of the divorce process can vary based on the complexity of the outstanding issues that the couple needs to resolve. Generally, a divorce in Colorado can take anywhere from six to nine months, depending on whether it is an uncontested or contested divorce. In some cases, the process takes longer if there are financial disputes to resolve or child custody decisions that the court needs to address.

Every divorce is different and comes with different dynamics. Depending on the needs of your case, the average contested divorce in Colorado could cost between $10,000 and $12,000. This amount includes legal fees, court filing costs, and other expenses that may be related to the case. If you can mediate your case, you could significantly save money.

As with the cost of your case, the dynamics of your case could cause different timelines. A contested divorce can take up to six months on average. This could change depending on the court's requirements for evidence in litigation or any mediation that takes place. The more the spouses can discuss their own agreements, the shorter the process will take.

The average cost of a divorce attorney in Colorado is between $150 and $250 per hour. Depending on the attorney's experience or the type of client they serve, it could cost upwards of $650 per hour. Generally, the higher the price of the attorney, the more complex your case may be. When you first speak with an attorney, you should inquire about fees.

Anyone can file for a contested divorce in Colorado. The legal system would like spouses to settle their divorce independently of the court as it is quicker and more amicable. However, if there are disagreements that the two cannot agree on, either party can seek a contested divorce, in which the court can help make the necessary agreements.

Two individuals of any gender can register a domestic partnership in Colorado by signing an affidavit swearing that they are both:

• At least 18 years of age
• Competent to sign a legal contract, meaning they fully understand the meaning and effects of the contract and their legal rights and responsibilities upon signing
• In a mutually supportive, caring, and committed relationship
• Intending to remain in such a relationship
• Sharing a common household
• Not married, in an existing domestic partnership, or in an existing civil union
• Not related by blood or adoption to a degree that would prohibit marriage in the state

Co-parenting does not mean that the child’s parents have to stay in the same place forever. If one of the child’s parents moves away, the child custody arrangement will need to change.

However, it is important to note that parents cannot always move away whenever they wish. For custodial (primary care) parents especially, the court can require them to stay in the state if they plan to relocate the child with them.

Overall, if the relocation of one parent makes it difficult for the other parent to uphold their custody agreement, or if the move has a significant impact on the child, a modification may be made to the child custody and child support agreements.

As children grow, their set of needs often change. Though a toddler or young child may need time, attention, and financial support, a high school student is often reasonably self-sufficient. Once they are of age, they may get a job, join extracurriculars, or start/stop playing sports. All this can affect the amount of time, effort, and money each parent needs to commit to raising the child.

Similarly, a child’s needs can change after being diagnosed with a disease, disorder, mental illness, disability, etc. For example, more financial support may be required from each parent. Or, one parent may be more capable of caring for the child, and the custody arrangement may need to be changed.

If a parent’s financial situation changes, such as earning a promotion or losing a job, they may need to modify the amount of child support they are paying.

If their physical situation changes, they may need to modify their child custody arrangement. For example, if a parent had been struggling with addiction when the child custody arrangement was created, they may have been deemed unfit to care for the kids. However, if the parent achieves three years of sobriety, the court may allow them custody of their children.

No matter the situation, financial or physical, the court has to see compelling evidence that the situation is different from when the agreement was created.

If it comes to light that the children are unsafe with one of the parents or are somehow being put in danger via the current agreement, a modification is warranted.

For example, if the parents have shared custody and the father’s new live-in girlfriend begins to physically abuse the kids, a modification is necessary to omit the father from having custody.

A modification can be requested in any situation in which the children encounter physical abuse, sexual abuse, violence, negligence, or other repeated dangers.

There is no waiting period for a domestic partnership, so you can get the partnership filed as soon as there is an appointment opening available. The appointment itself will take a day if you have the necessary papers, documents, and filing fee. You must also meet other requirements, including being 18 and living at the same address.

In most cases, a judge will grant a property division agreement that was created by the divorcing spouses. One potential exception would be if one of the spouses was not represented by an attorney through the process, and the division of property is inequitable. The judge may make inquiries to determine if the division is just and fair.

In Colorado, you can expect to pay a family law attorney by the hour for services such as child support modification. The average hourly rate is around $250 to $450, and most modification cases require about five hours of billable time, though some attorneys may charge a flat fee for custody cases.

The cost of a divorce lawyer in Colorado varies depending on several factors, such as:

• The complexity of the case
• The amount of time required to reach a resolution
• The average attorney rate in your city
• The quality of your legal representation

Some attorneys may offer flat-fee arrangements or other alternative fee structures. You should be extremely wary of anyone offering standardized solutions for complex matters like high net worth divorce. Hourly rates for a competent and qualified divorce lawyer in Colorado are typically several hundred dollars per hour.

No, Colorado is not a 50/50 divorce state. Rather, Colorado follows the principle of equitable distribution, which means that marital property is divided fairly but not always equally. The court will consider various factors when determining the fair division of marital property in a high-value divorce. These include:

• The length of the marriage
• The financial resources of each spouse
• The contributions of each spouse to the marriage

If the couple cannot create a property division agreement, the court will settle the unresolved issues. The judge will consider factors such as:

• The length of the marriage
• Each spouse’s contribution to the marriage
• Child custody
• The valuation of each spouse’s separate property
• The current economic situation of each spouse

There are three ways to modify custody in Colorado. One is to file a Motion to Modify. The second is by agreement, and the third is a motion to relocate. If a parent is moving far away, the modification will necessitate a motion for relocation. This removes the parenting plan set forth by the court order, but there are very specific and different laws that govern this type of action.

You must register a domestic partnership with the state of Colorado through a county registrar or city clerk. To qualify, both you and your partner must be:

• 18 years of age
• Able to sign a contract with full understanding and knowledge
• Living together

Neither of you can be in any current marriages or civil unions. You must also be allowed to legally marry by state law to register a domestic partnership.

One way to keep the most money in any divorce is to have a clear understanding of your finances and assets. You should know:

• The value of your assets
• The assets that are your sole property
• The assets that are considered joint marital property by the state

An experienced divorce attorney can help you identify all the marital assets you have a legal claim to. These include any easily overlooked assets or accounts or those that a spouse acting in bad faith has tried to hide. While this can be a tense and emotional time, remember that divorce is not about one spouse harming or humiliating the other. It is about ensuring that everyone is treated fairly and in accordance with the law. That way, everyone can move on with their new lives.

That depends on when the 401(k) was established and the circumstances under which it was funded. In Colorado, a divorcing person may indeed be entitled to a portion of their ex-spouse’s 401(k) or other retirement accounts. However, the account must have been funded during the marriage. Therefore, an old, fully funded 401(k) from before the marriage and in one spouse’s sole name is not joint marital property, unless it had been:

• Restructured
• Switched to a joint account
• Added to from marital funds during the marriage

Other retirement accounts are indeed considered marital property. The court will consider several factors when dividing these sorts of assets. These include the length of the marriage and each spouse’s contribution to the account and the marriage.

In Colorado, the court will consider several factors when determining who gets a shared familial residence, and any other relevant real estate, in a divorce. These factors may include:

• The length of the marriage
• The financial resources of each spouse
• The contributions of each spouse to the marriage

In some cases, one spouse may keep the house while forfeiting certain other assets to the other. In others, the house may be sold off so that the proceeds can be fairly divided between the spouses.

When you’re preparing for your first consultation with a family lawyer in Commerce City, bring all relevant documents that pertain to your case. This could include marriage certificates, financial statements, tax returns, child custody arrangements, and any correspondence or court documents related to your legal matters. It’s also helpful to bring a list of questions you have about the process and any concerns you wish to address. A clear understanding of your situation enables your lawyer to offer the most accurate and strategic advice from the start.

Before starting any divorce proceedings, it’s important to understand Colorado’s residency requirements. In order to file for divorce, you must meet the state's residency laws, which generally require you to have lived in Colorado for at least one year before you can apply. If either you or your spouse is living in another state, a waiting period may apply.

Divorce can be an emotional and complex process, so it’s essential to know the legal steps involved to make informed decisions for your future. For guidance, it’s a good idea to consult with experienced Denver divorce attorneys at Johnson Law Group, who can help you navigate the divorce process. We offer free consultations to answer your questions and assist in moving forward with your case.

To gain a better understanding of the financial and legal aspects of divorce, you can also read more about divorce on our family law blog, which offers valuable insights into the divorce process.

Alimony is commonly referred to as spousal support or spousal maintenance. Most judges do not award permanent alimony. Instead, many courts award alimony for a limited period of time. For instance, one type of spousal maintenance is called rehabilitative alimony. Courts sometimes award this for a fairly short period, typically two years or less. The support ends when the courts believe a partner can viably enter the workforce and earn a living.

Some courts award reimbursement alimony. This type of spousal support is awarded when one spouse contributed to the other’s college education or career. The theory behind reimbursement alimony is that spouses need to be repaid for costs they incurred for the benefit of the other partner.

Regardless of the type of alimony being awarded, courts often consider the following factors when awarding spousal maintenance:

Historically, the male in a partnership often paid alimony to the female after the dissolution of a marriage. However, this trend is quickly changing as more women are earning higher incomes than men and more men choose to stay home with children.

Choosing to dissolve a marriage is never easy, but skilled representation from accomplished divorce attorneys can be the difference between a fresh start and a problem that lingers for years. At Johnson Law Group, LLC, in Denver, CO, we have the experience and compassion to guide you through the divorce process with your legal and financial well-being intact.

As Colorado is strictly a no-fault divorce state, we focus on obtaining the best results for our clients rather than assigning blame. When possible, we look to resolve disputes through consensus to reduce the financial and emotional stress you are facing. No matter what forum you choose to dissolve your marriage, we vigorously protect your legal interests and strive to build a strong foundation for the new chapter in your life.

Note: the position is not limited to the Denver Metro. We have offices in Denver, Colorado Springs, Commerce City and Englewood (DTC).

Amazing benefits package including:

Details:

We are looking to add to our amazing team of professionals. Teammates are required to have a strong work ethic and a relentless desire to provide excellent service to our community. Base salary is super competitive with signing bonus, generous incentive compensation plan, health insurance, dental insurance, vision insurance, 401(K), new laptop computer, gym reimbursement, and the ability to work remotely.

Our team is committed to excellence, and we are searching for a professional with similar traits. Come join our growing team. The right candidate must have the following: at least one year experience as a family law attorney, loves practicing law and people, excellent litigator with excellent client communication skills, coachable, and wants a long-term position. Position is full-time.

Send resume and cover letter to Hiring@johnsonLGroup.com.

The Family Law Paralegal may work 100% remote (virtual) or inside one of Johnson Law Group's offices in Denver, Commerce City, Colorado Springs & Englewood (DTC).

Amazing benefits package including:

Send resume and cover letter to Hiring@johnsonLGroup.com.