Best Family Lawyers in Colorado

About Family Law in Colorado, United States

Family law in Colorado covers a broad range of legal matters that affect families, couples, parents, and children. Whether it is divorce, child custody, support issues, adoption, or protection from abuse, family law governs how these matters are handled in the state. Colorado courts strive to ensure fair and equitable resolutions that serve the best interests of children and protect the rights of all parties involved. Family law is a critical area because it often involves emotional and financial aspects that can significantly impact your life and the lives of your loved ones.

Why You May Need a Lawyer

Legal proceedings related to family matters can be complex and stressful. You may need a family law attorney in Colorado for a variety of reasons, including:

• Filing for divorce or separation
• Negotiating child custody and visitation agreements
• Determining child support or spousal maintenance
• Establishing or contesting paternity
• Seeking protection orders in cases of domestic violence
• Adopting a child, including stepchild or kinship adoptions
• Modifying existing court orders for custody, parenting time, or support
• Navigating complex property division scenarios during divorce
• Addressing grandparents’ or third-party visitation rights
• Enforcing or defending against allegations of contempt of court

A lawyer can help explain your rights, present your case clearly to the court, assist with negotiations, and ensure that your interests-and those of your children-are protected throughout the legal process.

Local Laws Overview

Several unique aspects of Colorado family law are particularly relevant if you live in the state:

• No-fault divorce: Colorado is a no-fault divorce state. This means that neither spouse has to prove wrongdoing by the other to obtain a divorce. The only grounds required are that the marriage is irretrievably broken.
• Equitable distribution: Property and debts are divided equitably, not necessarily equally. Courts strive for fairness, taking into account factors like each spouse’s contributions, financial circumstances, and the value of property assigned to each party.
• Parental responsibility: Colorado uses the term "parental responsibilities" instead of "custody." Parenting time and decision-making responsibilities are allocated in the best interests of the child. The law favors arrangements that foster strong relationships with both parents when safe and practical.
• Child support guidelines: Colorado uses specific guidelines based on both parents’ incomes, the number of children, and other relevant factors to calculate support obligations.
• Modification of orders: Parenting and support orders can be modified if there is a substantial and continuing change in circumstances.
• Protection orders: Courts can issue civil protection orders in cases of domestic abuse, harassment, or threats, providing safety and legal options for victims.

Understanding these key laws is crucial when navigating family legal matters in Colorado.

Frequently Asked Questions

What is the divorce process like in Colorado?

Colorado offers a streamlined divorce process, but you must meet residency requirements. Either spouse must have lived in the state for at least 91 days before filing. The process involves filing a petition, serving the other party, disclosing financial information, and attending court hearings if necessary.

How does Colorado determine child custody?

The court considers a range of factors focusing on the best interests of the child. This includes each parent's wishes, the child's relationship with both parents, the child's adjustment to home and community, and the ability of each parent to encourage a relationship between the child and the other parent.

How is child support calculated?

Colorado uses a set formula considering both parents' gross incomes, the number of children, healthcare and childcare costs, and the parenting time arrangement. The guidelines are available for review, and the court usually adheres to them unless a significant reason to deviate exists.

Can we use mediation instead of going to court?

Yes. Colorado encourages mediation in family law cases to help parents resolve disputes about property, parenting time, and support. Mediators facilitate negotiation and help parties reach mutually acceptable agreements outside of court.

What if my former partner violates a parenting plan?

You can file a motion to enforce the parenting plan with the court. The court may order makeup parenting time, modify the existing order, or impose sanctions if someone repeatedly disregards the court order.

How do I obtain a protection order in Colorado?

You can request a temporary civil protection order through your local district or county court. If granted, a follow-up hearing will be scheduled, where the court determines whether to make the order permanent.

What is common law marriage, and is it recognized in Colorado?

Yes, Colorado recognizes common law marriage. If parties agree to be married and hold themselves out to the public as married, they may be considered legally married under state law, even without a license.

How does property division work in a Colorado divorce?

Property and debts acquired during the marriage are divided according to the principle of equitable distribution. The court examines each spouse’s financial situation, contributions to the marriage, and other relevant factors to determine a fair-though not always equal-division.

Can I modify child support or parental responsibilities orders?

Yes. Either parent can request a modification if there is a substantial and continuing change in circumstances, such as a significant change in income or the needs of the child.

What if one parent wants to move out of state with the child?

Such a move-called relocation-is not automatic and generally requires court approval. The court evaluates the best interests of the child and the reason for the move before making a decision.

Additional Resources

If you need more information or support, consider reaching out to these organizations and resources:

• Colorado Judicial Branch - Family Law Forms and Self-Help Information
• Colorado Legal Services, which provides civil legal aid for qualified individuals
• Colorado Bar Association - Find a Lawyer service and legal education materials
• Local county District Attorney's office for information on child support enforcement
• Safehouse Denver and other shelters for domestic violence resources
• Local court clerks and self-help centers for basic procedural questions

These resources can help you with forms, legal information, and referrals to local attorneys or safe facilities if needed.

Next Steps

If you believe you need legal help with a family law matter in Colorado, here is how to proceed:

• Gather relevant documents, such as marriage certificates, financial records, prior court orders, and correspondence with the other party
• Write down a summary of your situation and the outcomes you hope to achieve
• Consider contacting a licensed family law attorney for a consultation
• Explore mediation services for resolving disputes outside of court, if appropriate
• Visit your local courthouse or legal aid organizations for self-help resources if you cannot afford private counsel
• Act promptly, as some family law matters have strict deadlines or time-sensitive aspects

Taking informed and timely steps can help you protect your rights and reach favorable solutions for yourself and your family.