Colorado Springs Family Law: Guiding You Through Divorce, Custody, Military Matters, and more

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Dedicated Family Law Services in Colorado Springs

Family law encompasses a broad range of domestic matters. Perrino Law is equipped to handle the legal issues that reshape your life and family structure, focusing on the core areas of:

Dissolution of Marriage (Divorce) in Colorado

In Colorado, a divorce is legally termed a Dissolution of Marriage (§ 14-10-101§ et seq., C.R.S.). The state operates under a no-fault system, meaning a party does not have to prove fault or wrongdoing by the other spouse; the only requirement is a finding by the court that the marriage is irretrievably broken (§ 14-10-107§, C.R.S.). Here at the Perrino Law Firm, we work hard to utilize our experience in Colorado Divorce law to fight for the absolute best outcome for our clients!

Key Issues in a Colorado Divorce:

• Residency and Jurisdiction: To file for divorce, at least one spouse must be a resident of Colorado for at least 91 days before filing the Petition (§ 14-10-106(1)(a)§, C.R.S.).
• Division of Property and Debt: Colorado is an equitable distribution state. The court must divide all marital property and debts in a manner that is fair, though not necessarily equal. Marital property is generally defined as property acquired by either spouse after the marriage but before the decree of legal separation or dissolution (§ 14-10-113§, C.R.S.).
• Maintenance (Alimony/Spousal Support): The court may award maintenance to one spouse based on several factors, including the length of the marriage, the income and economic circumstances of each spouse, and the physical/mental condition of the spouse seeking support (§ 14-10-114§, C.R.S.).
• Procedural Requirements: Divorce proceedings are governed by the Colorado Rules of Civil Procedure (CRCP), with CRCP Rule 16.2 mandating that parties fully and honestly disclose all material financial facts to each other and the court (Mandatory Disclosures).

Allocation of Parental Responsibilities (Custody)

In a family law case involving minor children, the court will make orders concerning the Allocation of Parental Responsibilities (APR), which includes both Parenting Time (physical custody/visitation) and Decision-Making Responsibility (legal custody) (§ 14-10-124§, C.R.S.).

The Paramount Standard: Best Interests of the Child

Every decision regarding the children is determined by the best interests of the child standard. The court must consider all relevant factors, with paramount consideration given to the child’s safety and physical, mental, and emotional conditions and needs. The law generally encourages frequent and continuing contact between each parent and the minor children, when appropriate (§ 14-10-124(1.5)§ and §(1.7)§, C.R.S.).

Parenting Time (Physical Custody)

The court shall not restrict a parent’s parenting time unless it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development (§14−10−129(1), C.R.S.).

Decision-Making Responsibility (Legal Custody)

Decision-making is allocated regarding major issues affecting the child, such as education, non-emergency medical care, and religious upbringing. It may be allocated mutually between both parties or individually to one party (§14−10−124(5), C.R.S.).

Military Divorce

Given Colorado Springs’ major military presence, military divorces are a core component of the local family law practice. These cases involve the added complexity of federal laws interacting with Colorado state law.

Key Military Divorce Considerations:

• SCRA Protection (Servicemembers Civil Relief Act): The federal SCRA allows active-duty service members to request a stay or postponement of court proceedings, including divorce, while they are deployed or unable to attend due to military service obligations. This prevents default judgments from being entered against deployed service members (§ 1.1§ and § 1.2§).
• Residency for Filing: A spouse may file for divorce in Colorado if the military member is stationed in Colorado or if they have continuously resided in the state for at least 90 days (§ 1.1§).
• Division of Military Retirement: Military retirement pay is considered marital property subject to equitable division in Colorado courts (§ 1.1§). The division is governed by the federal Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to treat the pension as marital property (§ 1.3§). The well-known 10/10 rule determines whether the former spouse can receive their share directly from the military pay center.
• Deployment and Parenting Plans: Child custody plans for military families must account for the unique challenges of deployments and permanent changes of station (PCS). Federal and state laws, including the Uniform Deployed Parents Custody & Visitation Act (UDPCVA), protect a military parent’s right to bond with their children and allow for temporary orders and family care plans to be put in place during deployment (§ 1.2§).