Divorce and family law matters are among the most challenging legal situations a person can face. At Fredrickson Johnson and Terry, we handle your case with straightforward legal counsel and genuine attention to what our clients are going through. We represent individuals throughout Fremont County, Custer County, and Pueblo County from our office in Canon City.
Back to Main SiteColorado is a no-fault divorce state, meaning neither party is required to prove wrongdoing to obtain a dissolution of marriage. That said, the process is rarely simple. Property division, parenting time, and support calculations each require careful legal analysis, and contested issues can require court hearings before a judge. Our attorneys help clients understand what they are entitled to under Colorado law, what outcomes are realistic given their circumstances, and how to pursue a resolution that holds up over time.
Colorado courts use the phrase allocation of parental responsibilities rather than custody. Decision-making authority and parenting time are evaluated separately, under a best interests of the child standard. There is no default presumption in favor of either parent. Courts consider the relationship each parent has with the child, each parent's ability to support the child's relationship with the other parent, and the child's adjustment to home, school, and community, among other factors. We help parents present their situation clearly and organize and highlight their best evidence effectively. We advocate for parents aggressively, whether in mediation or in the courtroom.
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Colorado requires a 91-day waiting period from the date the petition is served before a divorce can be finalized. Uncontested divorces where the parties agree on all terms can often be resolved shortly after that period. Contested divorces involving property disputes, spousal support, or custody disagreements typically take several months to over a year longer, depending on the complexity and court scheduling in Fremont or Pueblo County. During the time while the case is ongoing the court may enter a temporary order to hold parties over until the case is finished.
Courts evaluate parenting time and decision-making authority based on the best interests of the child. A court may consider the relevant factors set out in C.R.S. § 14-10-124, such as each parent's relationship with the child, each parent's ability to encourage a relationship between the child and the other parent, a parent's ability to place the child's needs ahead of their own, the child's adjustment to home, school, and community, and the mental and physical health of all parties. In deciding which parent will be awarded decision-making authority for a child, the court will consider factors such as the past history of decision-making between parents, the ability of parents to cooperate, history of abuse or domestic violence, and how decision-making authority may impact the relationship of child and parent. The court does not start with a presumption in favor of equal time, or either parent.
Yes. Colorado allows modification of parenting time when there has been a substantial and continuing change in circumstances that warrants a new arrangement in the best interests of the child. Common reasons include a parent relocating, a significant change in the child's needs, or one parent consistently failing to follow the existing order.
Spousal maintenance (called alimony in some states) is financial support paid by one spouse to the other during and after a divorce. For marriages over three years there is an advisory formula that Colorado courts will consider in determining maintenance that includes factors such as the income, or potential income, of each party and the length of the marriage. However, spousal maintenance is not automatic, and the formula will not always be applied. Colorado courts may also consider many other factors such as the financial resources of each party, the requesting spouse's ability to become self-supporting, whether or not a party is enrolled in an educational program likely to lead to higher income in the future, and the standard of living during the marriage. Because spousal maintenance issues are often complex and can result in large financial consequences for the parties, representation by an experienced attorney can have a significant impact on the outcome of your case.
You are not required to have an attorney for an uncontested divorce in Colorado. However, the Separation Agreement and any Parenting Plan you sign are legally binding and difficult to modify after the fact. Many people without legal representation have entered into poorly drafted agreements that have ended up costing thousands of dollars to correct, or have been horrified to find, that the error cannot be corrected at all. Having an attorney review and assist with those documents before you sign helps ensure you are not giving up rights or agreeing to terms that will cause problems and be regretted later.
Fredrickson Johnson & Terry has served southern Colorado families and businesses since 1959. Call or submit a request and we’ll be in touch promptly.
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