You're not alone in divorce

It is often difficult to see the future. Our lawyers have helped countless spouses protect their children, financial security and emotional well-being.

Talk to a lawyer and learn about your options in a divorce

Marlana Caruso, partner and award winning family law attorney

divorce case stages

File

Mediation

Hearing

Court Order

File

Your initial motion filed with the court and served on your spouse creates an injunction prohibits both parties from certain activities, mainly relating to the destruction or use of marital property.

Issues in a Divorce

legal standards

dissolution of marriage

People may uncouple through a range of divorce options ranging from a simple amicable settlement to a litigious, complicated divorce. Relevant considerations are the length of the marriage, assets and income of the parties, the age of the children, and the emotional state of the spouses.

parenting

Visitation and Parenting Time

Colorado uses the "best interest of the child" standard to determine custody and visitation (called parenting time in Colorado) as well as decision making responsibility. The standard consists of 11 factors that the court will use to guide its determination to what extent both or one parent can make decision for the child concerning education, religious, extracurricular, and medical matters.

spousal maintenance

alimony & spousal support

Under Colorado law, there is no absolute entitlement to alimony (spousal maintenance). Courts award spousal maintenance if there is no other feasible source of funds from which the spouse’s needs will be met, without regard of gender or length of the marriage.

child support

child support payments

In Colorado, children have a legal right to financial support from both parents, and that right belongs exclusively to the child. This obligation exists even if the child’s parents were never married. Understanding the interplay between alimony and child support is critical when considering child support payments.

asset division

Because the court can only divide marital property, the division between marital and nonmarital property is very important. It is important for spouses to introduce evidence on every piece of property as to its status as separate or marital property. There is no set requirement that martial property be divided equally.

modifications

divorce agreement modifications

Changing your divorce decree can be challenging. As a parent you need to know your rights to contest a visitation decree or institute visitation rights. The court will only modify your separation agreement if you can show a substantial and continuing change in circumstances.

adoption

adoption & assisted reproduction

Our experienced family law attorneys have helped build families through legal adoption for many clients including grandparents, step-parents and same-sex couples (which are treated the same in Colorado). Building a case for adoption can be complex, and very specific requirements must be met

know your rights

restraining and protection orders orders

Restraining orders are complex and difficult to obtain - and fight. What are your rights? There are many different types of restraining orders – from civil harassment orders and domestic violence orders, to workplace violence, dependent adult orders, and juvenile orders.

know your rights

grandparent rights

Grandparent rights can be complex and changeable. We can help you fight for your rights. In Colorado, grandparents have rights regarding visitation and custody. In fact, grandparent rights can be pursued anytime, even after a divorce decree. However, negotiating your rights with the courts can be an uphill battle.

Our attorneys get results in divorce cases

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits.

obtained sole custody

Judge awarded our client sole custody after our lawyers proved that the other parent was not a cooperative co-parent as he took the child without notice and refused to allow our client to communicate with her daughter.

successfully defended a motion to restrict parenting time

A father hired our custody attorneys to help him maintain parenting time with his children after the children’s mother tried to get sole custody. Our client was facing only supervised visitation if the other party’s case prevailed. Our attorney prevailed in court and and even secured some financial support for him from the children’s mother.

Low drama divorce

Divorces can be incredibly contentious and drag on for months, even years. In this particular case, a client reached out hoping for an expedient and no-nonsense divorce. Our divorce lawyers successfully settled a complex property division and parenting plan without the need for attending formal mediation or trial.

Spouse forced to move out

In this case, our client was dealing with an obstinate spouse who refused to cooperate with much of the divorce process. When our client approached our Family Law Team for help, their then-spouse was refusing to move out of the marital home or agree to the divorce. Our divorce attorneys assisted the client with getting the opposing party served and out of the house so it could be sold.

Protection order dismissed

An individual sought our help after the court issued a temporary protection order (TPO) against them. Our client was also facing two reported violations of the TPO’s provisions. We successfully negotiated a civil no-contact order that mutually applied to our client and the opposing party, and we were able to have the temporary protection order completely dismissed. As a result of the TPO’s dismissal, our client will not face the possibility of criminal ramifications for any reported “violations” in the future. Finally, we were also able to deflect the previously reported violations with the sheriff’s office, which prevented formal charges from being attached to our client.

avoid alimony payments

Courts consider many factors when determining whether to award a divorcing spouse alimony, called spousal maintenance in Colorado. The length of the marriage, the requesting spouse’s ability to earn money, and the paying spouse’s ability to pay the alimony and take care of themselves are just a few determining factors. In this particular case, we helped our client, who is disabled, avoid paying spousal maintenance. Additionally, we were able to negotiate in the divorce agreement for our client to retain the house.

Obtained temporary custody orders

Our client, a service member, had two minor children with her husband. Our family law team successfully negotiated a temporary parenting plan allowing her peace of mind that her husband cannot refuse to allow her to see the children.