Divorce and Family Law Services in Colorado Springs and El Paso County
Navigating a divorce or legal separation in Colorado Springs (El Paso County) can be one of the most challenging experiences of your life. Our firm is dedicated to providing compassionate, experienced, and thorough legal representation to guide you through every step of the Dissolution of Marriage process, ensuring your rights and future are protected.
The Colorado Divorce Process: Statutory Requirements & Timeline
A proceeding to end a marriage in Colorado is legally termed a Dissolution of Marriage. The process is governed by the Uniform Dissolution of Marriage Act (Title 14, Article 10 of the Colorado Revised Statutes).
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1) Jurisdictional Requirements (C.R.S. § 14-10-106)
To file for divorce in the El Paso County District Court, you must meet the following minimum requirements:
- Domicile/Residency: One of the parties must have been domiciled in Colorado for at least 91 days before the Petition is filed.
- Irretrievably Broken: Colorado is a no-fault state. The only grounds required is a finding by the court that the marriage is “irretrievably broken.” The court will grant the divorce if one party states the marriage is broken, regardless of the other party’s wishes or any alleged marital misconduct.
- Waiting Period: The court cannot enter a final Decree of Dissolution until at least 91 days have elapsed since the other party was served with the Petition and Summons (or since a Co-Petition was filed).
2. The Initial Steps
The process officially begins with the filing of a Petition for Dissolution of Marriage in the District Court for El Paso County.
- Filing & Service: The petitioning party (Petitioner) files the documents and must formally serve the other party (Respondent) with the Summons.
- Automatic Temporary Injunctions: Immediately upon filing and service, a set of Automatic Temporary Injunctions (ATIs) takes effect. These are court orders that restrict both parties from certain financial and personal actions, such as:
- Transferring, encumbering, or disposing of marital property.
- Changing insurance beneficiaries.
- Removing children from the state without the other party’s consent.
- Initial Status Conference (ISC): A mandatory court appearance, typically scheduled 40-45 days after the Petition is filed, to ensure the case is proceeding smoothly and to discuss any upcoming issues.
3. Mandatory Financial Disclosures (C.R.C.P. Rule 16.2)
The most critical initial step is the duty of full and honest financial disclosure. Our team treats this with the utmost seriousness, as failure to comply can lead to severe sanctions, including the reallocation of assets.
- Duty of Disclosure: Under Colorado Rule of Civil Procedure (C.R.C.P.) 16.2, both parties owe each other and the court a continuing duty to affirmatively disclose all facts that materially affect their financial rights and interests.
- Required Documents (Form 35.1): This mandatory exchange includes comprehensive documentation for all assets, debts, and income, such as:
- Three years of personal and business tax returns.
- Twelve months of bank and financial statements.
- Statements for all investment, retirement, and pension accounts.
- Documents showing the value of all real estate, vehicles, and personal property.
- A completed, sworn Sworn Financial Statement (Form 35.2), detailing all income, assets, debts, and expenses.
- The 5-Year Look-Back: A party’s failure to disclose a material asset or liability gives the court jurisdiction to reallocate that property for a period of five years after the final divorce decree is entered. Our goal is to ensure full compliance to prevent future litigation.
Core Areas of a Colorado Springs Divorce
The El Paso County District Court will address all issues arising from the marriage. Our services are focused on achieving the most favorable outcome in each of these complex areas.
Division of Marital Property and Debt
Colorado is an equitable distribution state (C.R.S. § 14-10-113), meaning marital property must be divided fairly, though not necessarily equally. In practice, most judges aim for a near 50/50 division of the marital estate.
- Marital vs. Separate Property: We work to clearly identify and trace all assets and debts to determine what is:
- Separate Property: Property acquired before the marriage, or property acquired during the marriage by gift or inheritance (as defined by C.R.S. § 14-10-113(2)). This property is not subject to division.
- Marital Property: Property acquired by either spouse during the marriage, including the increase in value of separate property during the marriage. This property is subject to equitable division.
- Valuation of businesses, stock options, and professional practices.
- Division of military and federal retirement/pension benefits (including QDROs).
- Tracing separate property claims (including the Imel formula for separate property contribution to marital assets).
Spousal Maintenance (Alimony)
Spousal maintenance, or alimony, is governed by C.R.S. § 14-10-114. The court determines both the entitlement to maintenance and the amount/duration.
- Advisory Guidelines: For marriages of at least three years with a combined annual adjusted gross income of up to $240,000, Colorado law provides a statutory advisory formula for calculating the amount and duration of maintenance.
- Amount Calculation (General Formula): Subtract 40% of the lower-earning party's monthly adjusted gross income from 40% of the parties' combined monthly adjusted gross income.
- Duration Calculation: A statutory schedule provides advisory terms for marriages lasting between 3 and 20 years. For a 10-year marriage, for example, the advisory term is approximately 50% of the marriage length (60 months).
- The financial resources of both parties (need and ability to pay).
- The reasonable financial needs established during the marriage.
- The division of marital property.
- The age and health of each party.
- The historical earnings and employability of both parties.
Allocation of Parental Responsibilities (Child Custody)
In all cases involving minor children, the court's paramount consideration is the best interests of the child. Colorado courts address two primary issues:
- Parenting Time: The schedule outlining when the child is with each parent.
- Decision-Making: The authority to make major decisions on behalf of the child regarding health care, education, and religious upbringing.
- The court can order Joint Decision-Making or Sole Decision-Making to one parent.
We assist clients in developing comprehensive Parenting Plans that address holiday schedules, transportation, communication protocols, and relocation issues. If a dispute is highly contested, we guide you through the appointment of a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE).
Child Support
Child support in Colorado is mandatory and calculated using the Colorado Child Support Guidelines (C.R.S. § 14-10-115).
- Income Shares Model: The calculation is based on an income shares model, where the combined monthly adjusted gross income of both parents, the number of overnights with each parent, and expenses for health insurance premiums, child care, and extraordinary expenses are factored into a mandatory formula.
- Deviation: While the formula is presumptive, the court can deviate if the application of the guideline would be inequitable, unjust, or inappropriate.
Temporary Orders and Common Law Marriage
Temporary Orders
Before Permanent Orders, which finalize the divorce, the court may enter Temporary Orders (C.R.S. § 14-10-108) to address immediate needs while the case is pending.
- Scope: Temporary Orders can cover temporary child support, temporary spousal maintenance, temporary use of the marital home, temporary payment of debts, and a temporary parenting time schedule.
- Hearing: A party must file a Motion for Temporary Orders. The court often requires a mandatory mediation or a good-faith settlement conference before setting a short, expedited hearing (often 45-60 days from the request) to establish the status quo until the final hearing.
Common Law Marriage Dissolution
In Colorado Springs, where military and non-traditional living arrangements are common, we frequently handle the dissolution of Common Law Marriages.
- Proof of Marriage: If one party disputes the existence of a common law marriage, the court must first conduct a separate hearing to determine if a valid marriage was created. A common law marriage is established if the couple: 1) mutually consented or intended to be married, and 2) held themselves out to the public as husband and wife.
- The Process: Once a Common Law Marriage is recognized, the process for dissolution is identical to that of a ceremonial marriage, requiring the filing of a Petition for Dissolution of Marriage and following all the steps outlined above.
Find an Experienced Divorce Lawyer in Colorado Springs, CO
Ending a marriage is inherently difficult, presenting challenges that are simultaneously emotional, logistical, and financial. During these trying times, the complexity of Colorado law—from accurately applying the equitable distribution rules to navigating the rigorous Mandatory Disclosures of C.R.C.P. 16.2 and establishing fair Parenting Plans—demands experienced legal guidance. You don’t have to face the El Paso County courts, the division of complex assets, or the detailed negotiation of spousal support alone. Perrino Law Firm, and our Colorado Springs Family Lawyers, is here to provide the strategic advocacy, local knowledge, and dedicated support you need to move toward a stable future.
We understand that divorce is more than just a legal procedure; it is a life-altering event. Our firm is committed to managing the intricate legal details of your case, allowing you to focus on rebuilding your life and protecting your family. If you are considering or facing a Dissolution of Marriage, a Legal Separation, or have complex issues like Military Retirement division in the Colorado Springs area, securing immediate, knowledgeable representation is vital. Take the first critical step toward clarity and security: Contact Perrino Law Firm today at 719-400-1122 or schedule a confidential consultation online. Let us put our comprehensive experience to work ensuring your rights are protected during this transition.
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