Colorado Family Law Attorneys

Don't Face Difficult Family Law Issues Alone

Complex family legal issues can be emotionally, mentally, and physically exhausting. Problems such as parenting time or guardianship of grandchildren, modification of past divorce orders, or collection of past-due support can be complex and confusing if you're not used to the legal system. And even if you want to reach an agreement, the processes needed to reach that agreement officially can be daunting.

To make your family law case easier for everyone, contact Jorgensen, Brownell & Pepin, P.C. Our experienced family law attorneys will stand by your side and help you navigate the system, no matter what complexities are on the horizon.

Why Choose Jorgensen, Brownell & Pepin, P.C.?

When you are searching for legal help for families in Denver, experience matters. Our legal team of Colorado family law attorneys is passionate about protecting your rights. Here's why clients choose us:

• Coverage: With offices in Longmont, Denver, Broomfield, and Loveland, we effectively serve clients across the entire Front Range, understanding the nuances between Boulder County judges and Denver District magistrates.
• Full-Service Team: Because we are a multi-practice firm, we can assist if your divorce intersects with other legal areas, such as real estate transfers, business valuations, or estate planning updates.
• Client Education: We believe an informed client makes better decisions. We take the time to explain the "why" behind the legal strategy.
• Proven Track Record: We've helped hundreds of Colorado families as experienced litigators and negotiators.
• Trusted Name Since 1989: Over 30 years of dedicated family law service.

If you need assistance with any family law issue, we're here to help. We can guide you through each step of the process, protect your rights and interests, and enable you to make well-informed decisions.

What Does a Family Lawyer Do?

To understand how a lawyer can help, it is essential to define the role within the context of Colorado law.

Definition: A family law attorney in Denver represents clients in domestic relations cases governed by C.R.S. Title 14. Their role encompasses legal counseling, drafting settlement agreements, navigating procedural requirements of the local courts, and advocating for the client's financial and parental rights during mediation or trial.

While television often portrays family lawyers solely as litigators in a courtroom, the reality is that a significant portion of the work involves discovery, financial analysis, and negotiation to avoid trial.

Understanding Colorado Divorce Law

Colorado is a "No-Fault" divorce state. This is a critical concept for clients to understand, as it shifts the focus of the legal proceedings away from "blame" and toward "resolution."

Under Colorado law, you do not need to prove that your spouse committed adultery, abandonment, or abuse to obtain a divorce. The only ground required for the dissolution of marriage is that the marriage is "irretrievably broken." If one party asserts that the marriage is broken and cannot be saved, the court will generally grant the divorce, regardless of whether the other spouse wants to stay married.

Residency Requirements

Before filing for legal help for families in Denver, you must meet the state's jurisdictional requirements. To file for a dissolution of marriage in Colorado:

1. At least one spouse must have been domiciled in Colorado for at least 90 days prior to filing the petition.
2. If children are involved, the children must generally have lived in Colorado for at least 182 days (six months) prior to filing for the court to have jurisdiction over child custody matters.

Is Colorado a 50/50 State for Divorce?

One of the most common misconceptions in family law is that assets are automatically split down the middle.

Answer: No, Colorado is not a "community property" (50/50) state. It is an "Equitable Distribution" state. This means the court divides property in a manner deemed fair, which does not always mean equal.

The court looks at the economic circumstances of each spouse to determine a division that is equitable. In some cases, a 50/50 split is fair; in other cases the court finds a different division to be more fair.

Equitable Distribution vs. Community Property

Marital Property vs. Separate Property

Before assets can be divided, they must be classified. C.R.S. 14-10-113 governs the disposition of property.

1. Separate Property: Assets acquired before the marriage, or acquired during the marriage by gift or inheritance. These generally remain with the original owner, except for the increase in value of that property during the marriage.
2. Marital Property: Almost everything acquired by either spouse during the marriage, regardless of whose name is on the title. This includes real estate, retirement accounts (401k, PERA), vehicles, and business interests.

The Contribution Factor: When determining how to divide marital property, the court considers the contribution of each spouse to the acquisition of the property. Crucially, Colorado law explicitly recognizes the contribution of a spouse as a homemaker. This ensures that a stay-at-home parent's efforts in maintaining the home and raising children are viewed as equal in value to the financial contributions of the working spouse.

Allocation of Parental Responsibilities (APR) Explained

While many people still use the terms "custody" and "visitation," Colorado law has updated its terminology to Allocation of Parental Responsibilities (APR). This shift reflects a focus on the responsibilities parents have toward their children rather than the "possession" of the child.

In any APR case, the court's primary standard is the "Best Interests of the Child" (C.R.S. 14-10-124). The court does not prioritize the mother or the father; it prioritizes the child's physical and emotional well-being.

Decision-Making vs. Parenting Time

APR is divided into two distinct categories. A Colorado divorce lawyer will help you negotiate these separately:

1. Decision-Making Responsibility

This refers to the authority to make major decisions regarding the child's upbringing. It is usually categorized into:

• Medical/Health: Selection of doctors, therapists, and treatments.
• Education: Choice of schools, tutors, and special education.
• Religion: Religious upbringing and participation.
• Extracurriculars: Participation in sports, music, or camps.

Decision-making can be sole (one parent decides) or joint (parents must agree). Courts generally presume joint decision-making is in the child's best interest unless there is a history of domestic violence or inability to co-parent.

2. Parenting Time

This refers to the physical schedule—where the child sleeps at night.

• 50/50 Schedules: Common arrangements include week-on/week-off or a 5-2-2-5 rotation.
• Primary/Secondary: One parent has the majority of overnights (e.g., school nights), while the other has weekends and holidays.
  

Solving Family Disputes: Mediation vs. Litigation

At Jorgensen, Brownell & Pepin, P.C., our philosophy is rooted in Pragmatic Advocacy. We recognize that aggressive litigation is expensive, stressful, and often damaging to future co-parenting relationships.

The Role of Mediation

In all Colorado district courts in Denver and Boulder, mediation is mandatory before a judge will hear a contested case. Mediation is a confidential process where a neutral third party helps the couple reach a settlement.

• Cost-Effective: Mediation costs significantly less than trial preparation.
• Control: You and your spouse retain control over the outcome, rather than handing the decision to a judge who doesn't know your family.

When Litigation is Necessary

While we prioritize negotiation, we are trial attorneys at heart. Litigation becomes necessary when:

• One party is hiding assets or refusing to disclose financial data.
• There are safety concerns involving domestic violence or substance abuse.
• The opposing party holds unreasonable expectations that deviate significantly from Colorado law.

In these instances, having a team experienced in Domestic Relations litigation is vital to protect your interests.

Financial Support: Maintenance and Child Support

Financial separation is often the most complex aspect of a divorce.

Spousal Maintenance (Alimony)

In Colorado, spousal maintenance is not automatic. It is designed to help a lower-earning spouse meet their reasonable needs while they become self-sufficient.

• The Guidelines: For couples with a combined income under a certain threshold (currently $240,000/year adjusted for inflation), Colorado provides an advisory formula based on the length of the marriage and the disparity in income.
• Duration: Maintenance is rarely permanent unless the marriage was very long (20+ years). Typically, the duration is a percentage of the length of the marriage (e.g., for a 10-year marriage, maintenance might last 5 years).

Child Support

Unlike maintenance, Child Support is not optional or negotiable in the same way. It is the right of the child, not the parent.

• Income Shares Model: Colorado uses a formula that estimates how much the parents would have spent on the child if they had remained together.
• Factors: Gross incomes of both parents, number of overnights, health insurance costs, and daycare expenses are plugged into the statutory worksheet to produce a monthly figure.