Dietze and Davis, P.C.

Alimony, Maintenance and Spousal Support

In Colorado, the legal term “maintenance” has replaced “alimony” or “spousal support”.  Maintenance is financial support paid by one spouse to the other spouse if he or she cannot meet his or her reasonable needs independently.  In determining whether a spouse is entitled to maintenance, a judge will consider whether that spouse has sufficient property to meet their needs or can support themselves through appropriate employment.  If the court determines that a party is entitled to maintenance, the amount and duration of the maintenance is dependent on a variety of factors, including: 

• The income and financial resources of each spouse

• The standard of living established during the marriage

• The education level of each spouse

• The length of the marriage

• The age and health of each spouse

Individual judges have broad discretion in determining whether a spouse is entitled to maintenance and the amount and duration of a maintenance award.  Given this broad discretion and the financial implications at stake, it is important to seek legal advice from an attorney skilled in negotiating and litigating maintenance cases.  Our experience has provided us with the knowledge to recognize whether the facts of your case entitle either spouse to an award of maintenance, and if so, what the amount and duration may be.

Child Custody, Parental Responsibility, and Parenting Time

Colorado has replaced the terms “custody” and “visitation” with the term “allocation of parental responsibility”, which includes “decision-making authority” and “parenting time”.  Decision-making authority and parenting time are determined by what is in the child’s best interests.  Decision-making authority refers to who makes major decisions affecting the child, such as education, religious, extracurricular, and non-emergency medical decisions.  Similar to visitation, a parent has “parenting time” when the child is in their care.  Colorado courts require “Parenting Plans” that allocate both decision-making authority and parenting time to one or both parents.  Colorado courts may enter custody orders in a variety of contexts, including dissolution of marriage proceedings and allocation of parental responsibilities proceedings brought by an unmarried parent, a psychological parent, or a grandparent.  We can help develop a Parenting Plan that meets your objectives and is in your child’s best interests. 

Child Relocation and Removal

Frequently, the parent with whom the child resides a majority of the time seeks permission from the court to relocate with the child far enough away from the other parent so as to change the parenting time schedule.  Over the past decade, the standard for “removal cases” as they are referred to in the legal field, has repeatedly changed as the Colorado legislature tries to balance the rights of both parents and the best interests of the child.  Three recent Colorado cases, In re the Marriage of Ciesluk, Spahmer v. Gullette and In re the Marriage of DeZalia have made significant changes to the standard by which a court will determine whether the child should relocate with the moving parent, and have established different legal standards for a parent wishing to move prior to an initial determination of parenting time and a parent wishing to move after the initial determination has been made.  Therefore, it is more important than ever for a parent to understand his or her legal rights, responsibilities and options in this evolving area of law.  Our family law attorneys’ experience in child relocation and removal law allows Dietze and Davis to guide clients with competent advice and skilled representation in this difficult area.

Child Support

In Colorado, child support is determined by a formula that considers the parents’ combined incomes, the number of overnights each parent spends with the child, the number of children the parents have, the number of non-joint children that one parent has financial responsibility for, a parent’s individual expenditures for child care, health insurance, and other extraordinary expenses, as well as whether one parent is staying home with a child under the age of thirty months old.  Additionally, a court may order more or less child support than the guideline amount when its application would be unfair.  A Dietze and Davis divorce and family law attorney can help you determine the amount of child support you may be required to pay or could receive. 

Divorce, Dissolution of Marriage, Legal Separation and Annulment

Divorce in Colorado is referred to as “dissolution of marriage” and is the legal process to end a marriage.  In cases where religious, health, or pension issues are a concern, “legal separation” can allow parties to remain legally married, while obtaining the same orders regarding allocation of parental responsibility, child support, spousal support and division of property.  A “declaration of invalidity” is often called an annulment, and can be sought in instances involving fraud or lack of capacity.  During your initial consultation, we will explain available options to you and describe the legal process and timetable for resolution of your case. 

Marital Property

In dividing marital property, Colorado is an “equitable division” state, which means that each spouse is awarded what a court determines is fair and reasonable under the circumstances.  In making this determination, a court considers a variety of factors, including the contributions of the spouses to the acquisition of the property, the value of property each spouse receives, and other economic circumstances of the parties.  Depending on the type of marital assets involved, dividing a marital estate can be a complex process requiring the knowledge and expertise to evaluate issues relating to business interests, investment portfolios, real estate holdings, collections, pensions and retirement funds, trusts, stock options, asset tracing, the tax consequences of property divisions and maintenance awards, division of debt and other real and personal property.  Dietze and Davis can help ascertain the value of your marital estate and negotiate a fair and reasonable marital property settlement.  However, if settlement is not possible in your case, we can confidently litigate and advocate your interests.