Compassionate Guidance Through Life's Difficult Transitions
Divorce is one of the most emotionally challenging and financially significant events you'll ever experience. The end of a marriage affects every aspect of your life—your finances, your living situation, your relationship with your children, and your plans for the future. During this difficult time, you need an attorney who understands both the legal complexities and the human dimensions of divorce.
At Neiley & Morris, we provide comprehensive divorce representation throughout Western Colorado, including Telluride, Aspen, and Rifle. Our boutique practice model ensures you receive personalized attention from experienced attorneys who will guide you through every step of the divorce process. We take the time to understand your unique situation, your concerns, and your goals, then develop a strategy tailored to achieve the best possible outcome for you and your family.
Colorado is a "no-fault" divorce state, which means you don't need to prove wrongdoing by your spouse to obtain a divorce. The only ground for divorce in Colorado is that the marriage is "irretrievably broken." While this simplifies some aspects of divorce, it doesn't mean divorce is simple—there are still complex legal and financial issues that must be resolved.
To file for divorce in Colorado, at least one spouse must have been a Colorado resident for at least 91 days before filing. The divorce process involves dividing marital property and debt, determining parental responsibilities if you have children, addressing spousal support (maintenance), and resolving any other issues specific to your marriage.
Colorado law requires a minimum 91-day waiting period from the date of service of divorce papers until the divorce can be finalized. This waiting period provides time for negotiation, discovery of assets and debts, and thoughtful decision-making about the terms of your divorce.
Divorces generally fall into two categories: contested and uncontested. An uncontested divorce occurs when both spouses agree on all issues including property division, debt allocation, parenting arrangements, child support, and spousal maintenance. Uncontested divorces can be resolved more quickly and cost-effectively than contested divorces.
A contested divorce arises when spouses cannot agree on one or more significant issues. Contested divorces typically involve more extensive discovery, negotiation, and potentially mediation or trial. Even if your divorce begins as contested, many cases settle before trial through negotiation or alternative dispute resolution.
We represent clients in both contested and uncontested divorces. If you and your spouse are generally in agreement, we can help you document your agreements properly and ensure you haven't overlooked important issues. If significant disagreements exist, we provide aggressive representation to protect your interests while working toward fair resolution.
Colorado follows the principle of "equitable distribution" of marital property. This doesn't necessarily mean a 50/50 split—it means the court will divide property in a manner that is fair and just based on the circumstances of your marriage. Factors the court considers include the contribution of each spouse to acquisition of marital property, the value of separate property, economic circumstances of each spouse, and any increases or decreases in the value of separate property during the marriage.
Marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title or account. This can include the family home, retirement accounts, investment accounts, business interests, vehicles, personal property, and debt. Separate property—typically assets owned before marriage or received as gifts or inheritance—generally remains with the spouse who owns it, though there are exceptions.
Accurate valuation and characterization of assets is crucial to achieving fair property division. This can be particularly complex in high-asset divorces involving businesses, professional practices, stock options, executive compensation packages, real estate holdings, or valuable collections. We work with forensic accountants, business valuators, real estate appraisers, and other experts when necessary to ensure assets are properly valued and fairly divided.
High-asset divorces present unique challenges. When substantial wealth is at stake, the financial aspects of divorce become even more critical, and the potential for disputes over asset valuation, characterization, and division increases. Complex asset structures, closely-held businesses, professional practices, executive compensation, stock options, deferred compensation, and multiple properties require sophisticated analysis and strategic planning.
In high-asset divorces, one spouse may attempt to hide assets, undervalue business interests, or dissipate marital property. We conduct thorough investigation and discovery to uncover hidden assets, trace commingled funds, and ensure all marital property is properly accounted for and valued. When necessary, we retain forensic accountants to analyze financial records, trace assets, and identify improper transfers or dissipation of marital property.
High-asset divorces also frequently involve complicated tax considerations. Property division decisions can have significant tax consequences, affecting both immediate tax liability and long-term financial planning. We work with tax professionals to structure property divisions in the most tax-efficient manner possible.
Spousal maintenance, also known as alimony, is financial support paid by one spouse to the other after divorce. In Colorado, maintenance may be awarded when the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and is unable to support themselves through appropriate employment, or when other factors make an award just and equitable.
For marriages of moderate length (3-20 years), Colorado provides maintenance guidelines suggesting the amount and duration of maintenance based on the length of the marriage and the parties' incomes. However, these are guidelines, not mandatory rules, and courts can deviate from them based on specific circumstances.
Factors affecting maintenance include each spouse's financial resources, lifestyle during the marriage, distribution of marital property, income and employment situation, earning capacity, age and health of both parties, and contributions to the other spouse's education or career advancement. Maintenance can be modified if circumstances substantially change after the divorce, such as job loss, disability, or retirement.
We represent both maintenance payors and recipients, advocating for fair maintenance awards based on your specific circumstances. Whether you need maintenance to bridge the transition to financial independence or are concerned about your obligation to pay maintenance, we provide strategic counsel to protect your interests.
If you have minor children, your divorce will need to address parental responsibilities (legal decision-making authority) and parenting time (physical custody). Colorado courts make these determinations based on the best interests of the children, considering factors including the wishes of the parents and children, the relationship between the children and each parent, the children's adjustment to home and community, the mental and physical health of all parties, and each parent's ability to encourage a relationship with the other parent.
The court will issue a parenting plan establishing parenting time schedules, holiday and vacation schedules, decision-making authority for education, medical, religious, and extracurricular matters, and methods for resolving future disputes. We help you develop parenting plans that protect your parenting time while serving your children's best interests.
For detailed information about child custody matters, see our Child Custody practice area page.
Colorado uses statutory guidelines to calculate child support based on both parents' incomes, the number of children, and the parenting time arrangement. Child support is intended to cover the children's basic needs including housing, food, clothing, and medical care. Additional expenses such as childcare, health insurance, and extraordinary medical expenses are allocated between the parents.
Calculating child support can become complex when parents have variable income, own businesses, receive non-traditional compensation, or have children from other relationships. We ensure child support calculations accurately reflect income and expenses, resulting in fair support amounts that serve your children's needs.
Legal separation is an alternative to divorce that allows spouses to live separately and resolve financial and parenting issues through a court order, but remain legally married. Couples may choose legal separation for religious reasons, to maintain health insurance benefits, to preserve social security or military benefits, or because they're uncertain whether they want to permanently end the marriage.
A legal separation proceeding addresses the same issues as divorce—property division, spousal maintenance, parenting responsibilities, and child support. The legal separation decree is similar to a divorce decree, but the parties remain married and cannot remarry. Either spouse can later convert a legal separation to a divorce by filing a motion with the court.
Many divorce cases benefit from mediation or other forms of alternative dispute resolution. Mediation involves meeting with a neutral third party who helps facilitate negotiation and settlement. Mediation can be less adversarial, less expensive, and faster than litigation, and it allows you more control over the outcome.
Colorado courts may require mediation for certain issues, particularly parenting disputes. Even when mediation isn't required, it can be an effective tool for resolving disputes and reaching agreements that work for both parties. We prepare clients for mediation, participate in mediation sessions, and help you evaluate settlement proposals.
While we support mediation and settlement when appropriate, we also recognize that some cases cannot be settled and require litigation. When trial is necessary, we provide skilled courtroom representation to protect your interests.
Divorce requires making decisions that will affect your financial security and family relationships for years to come. It's crucial to understand your rights, your options, and the likely outcomes before making important decisions. We provide clear, honest advice about the strengths and weaknesses of your case so you can make informed decisions.
During divorce proceedings, it's important to avoid actions that could harm your case. Don't dissipate marital assets, don't post about your divorce on social media, don't introduce new romantic partners to your children without agreement from your spouse or court permission, and don't communicate directly with your spouse about disputed issues without your attorney's guidance. We counsel clients on protecting their interests while the divorce is pending.
Circumstances can change significantly after divorce, making the terms of your divorce decree no longer appropriate or workable. Colorado law allows modification of parenting plans, child support, and spousal maintenance when substantial and continuing changes in circumstances occur.
Common reasons for modification include job loss or significant income changes, relocation, changes in children's needs or schedules, remarriage, retirement, or health issues. We assist clients with post-decree modification proceedings to adjust divorce terms to current circumstances.
We also handle enforcement matters when a former spouse fails to comply with court orders regarding property division, maintenance payments, parenting time, or other provisions. Remedies for contempt of court can include wage garnishment, property liens, makeup parenting time, attorney's fees, and in serious cases, jail time.
Same-sex marriages are entitled to the same legal treatment as opposite-sex marriages in divorce proceedings. However, same-sex divorces can sometimes involve unique issues, particularly for couples who were in long-term relationships before marriage became legal, who married in Colorado but live elsewhere, or who have children from prior relationships or through assisted reproduction.
We provide experienced representation in same-sex divorce matters, addressing both common divorce issues and any unique aspects of your situation with sensitivity and understanding.
Divorces involving military service members involve additional legal considerations including application of federal law (the Servicemembers Civil Relief Act), division of military retirement benefits, military health benefits, jurisdiction and residency issues, and child custody complications when a parent is subject to deployment or transfer.
Military retirement benefits are often significant marital assets that must be valued and divided according to specific federal and state rules. We help clients navigate the complexities of military divorce to ensure proper protection of their rights and interests.
Understanding the divorce process can help reduce anxiety about what lies ahead. While every divorce is unique, most proceed through these general stages:
Initial Consultation: We meet with you to understand your situation, explain your rights and options, discuss likely outcomes, and outline our approach to your case.
Filing and Service: One spouse files a Petition for Dissolution of Marriage with the court. The other spouse is served with the petition and has an opportunity to respond.
Temporary Orders: If immediate issues need to be addressed (such as who stays in the family home, temporary parenting time, or temporary support), we can request temporary orders to govern these matters during the divorce.
Discovery: Both parties exchange financial information and documents. This may include financial affidavits, tax returns, bank statements, retirement account statements, business records, and other relevant documents.
Negotiation: We work to negotiate a settlement addressing all divorce issues. This may involve direct negotiation, mediation, or collaborative law processes.
Trial: If settlement cannot be reached, the case proceeds to trial where a judge makes decisions about contested issues.
Decree: Once all issues are resolved (whether by agreement or court decision), the court enters a Decree of Dissolution of Marriage finalizing your divorce.
Divorce is too important to trust to just anyone. At Neiley & Morris, we combine extensive experience in family law with a boutique practice model that ensures personalized attention. When you work with us, you're not just another case file—you're working directly with experienced attorneys who understand the legal complexities and the emotional difficulties of divorce.
We take the time to listen to your concerns, understand your goals, and develop strategies tailored to your specific situation. Whether your divorce involves complex financial issues, custody disputes, or other challenges, we provide skilled representation designed to protect your interests and help you move forward.
If you're considering divorce or have been served with divorce papers, we encourage you to schedule a consultation to discuss your situation. Contact Neiley & Morris today to meet with an experienced divorce attorney at our Telluride, Aspen, or Rifle office. We'll review your circumstances, explain your options, and discuss how we can help you navigate this challenging transition and protect your future.