Monument Divorce Attorney: Strategic Advocacy for the Tri-Lakes Community

The Colorado Divorce Process: Protecting Your Interests in Monument

In Colorado, the legal term for divorce is a Dissolution of Marriage. This process is strictly governed by the Uniform Dissolution of Marriage Act (Title 14, Article 10 of the Colorado Revised Statutes). Because Monument is part of El Paso County, your case will be heard at the 4th Judicial District court in downtown Colorado Springs.

1. Jurisdictional Requirements (C.R.S. § 14-10-106)

To initiate a divorce in the El Paso County District Court, several statutory “boxes” must be checked:

• Residency: At least one spouse must have been domiciled in Colorado for a minimum of 91 days before the Petition is filed.
• “No-Fault” Grounds: Colorado does not require proof of misconduct. The court only needs to find that the marriage is “irretrievably broken” (§ 14-10-107, C.R.S.). Even if one spouse does not want the divorce, the court will proceed if the other maintains the marriage is over.
• The 91-Day Waiting Period: Colorado law mandates a cooling-off period. The court cannot sign the final Decree of Dissolution until at least 91 days have passed since the non-filing party was served or a Co-Petition was filed.

2. Immediate Protections: Automatic Temporary Injunctions (ATIs)

The moment a Petition is filed and served, Automatic Temporary Injunctions go into effect. For Monument families—especially those with high-value assets in Woodmoor or Kings Deer—these are vital protections. They prevent either party from:

• Liquidating, hiding, or transferring marital property or retirement accounts.
• Modifying insurance policies or changing beneficiaries.
• Removing children from the state of Colorado without prior written consent or a court order.

3. High-Stakes Financial Disclosures (C.R.C.P. Rule 16.2)

In the affluent Tri-Lakes area, financial disclosures are often the most complex part of a divorce. Under Rule 16.2, parties have an “affirmative duty” to disclose all financial facts.

Note: Failure to disclose an asset—whether it’s a stock option, a business interest, or a secondary property—allows the court to reallocate that property for up to five years after the divorce is finalized. We ensure your disclosures are bulletproof to prevent future litigation.

Child Custody and Parental Responsibilities (APR)

In Monument, “custody” is legally referred to as the Allocation of Parental Responsibilities. We focus on two pillars, always guided by the “Best Interests of the Child” (§ 14-10-124, C.R.S.):

1. Parenting Time: Crafting a schedule that works for a Monument-based family, considering the commute down I-25 or up to Denver, and the specific extracurricular calendars of Lewis-Palmer or Palmer Ridge students.
2. Decision-Making: Determining who makes major choices regarding medical care, religious upbringing, and education.

Child Support Calculation (C.R.S. § 14-10-115)

Colorado uses an Income Shares Model. This formula accounts for both parents’ gross incomes, the number of overnights each parent has, and “extraordinary” expenses—which, for Tri-Lakes families, often includes private school tuition, competitive sports, or specialized healthcare.

Military Divorce Near the North Gate

With our proximity to the U.S. Air Force Academy, many of our Monument clients are active-duty or retired military. Military divorce requires a specific mastery of federal law, including: