Personalized Divorce Representation That Gets Results

The full resources of our firm are applied to your divorce case, and the strategy that we develop will be sculpted based on your best interests. No divorce case is the same, and you should not accept cookie-cutter solutions when your life is in turmoil.

At The Foley Law Firm in Colorado Springs, our divorce lawyers do what is right for you and your children. We are experienced litigators with over 20 years of combined experience. We know how to achieve best possible outcomes in all facets of divorce, both in and out of the courtroom, and we will work to achieve your goals first through alternative dispute resolution methods.

Many divorce cases can be resolved without protracted litigation, but we're ready to fight for and protect your interests under any circumstances.

Call us at 719-377-4024 for answers to your questions and an informative discussion of your case.

Committed To Your Unique Circumstances

Many of our clients come to us when child custody or property division disputes have become heated. If you have the foresight to seek our services prior to a battle, you will be placing yourself in a great position.

Our attorneys know how to identify opportunities in Colorado divorce laws and how to set your case up for success. If you have children, the family court will always ensure that agreements are made in the best interests of your children, and so should you. We will help you make informed decisions throughout the process, and we will help you preserve and conserve.

The main issues you face will probably include asset division, child support, child custody, and spousal maintenance. Your honesty with and trust of your lawyer will have tremendous impacts on your final divorce decree. Whether your case involves high-value assets, military divorce or sensitive child issues, it is important to begin building a relationship with a highly qualified lawyer as soon as possible.

Call 719-377-4024 to schedule a consultation with The Foley Law Firm.

Experienced In High-Asset Divorce Cases

Our team handles high net worth divorce cases throughout the Pikes Peak region of Colorado. When your divorce case impacts high-value retirement, real estate, business and investment assets, personalized and sophisticated representation is a must.

Protect Your Financial Future

Marital assets in Colorado are divided under the principle of equitable distribution, which means that asset division will likely not be split 50-50 down the middle. The divisions will be based on other aspects of the divorce case, including child support, child custody and spousal maintenance.

  • Who gets the house and has to pay taxes on the house will make a difference.
  • Who is the main income earner will make a difference.
  • If you received an inheritance, you may be able to keep it.
  • If assets obtained prior to marriage were not commingled, or if a prenuptial agreement was signed by both parties, the assets may not be distributed between the parties.
  • Did both parties make contributions to a family business, investments or other marital property?
  • What of your debts? They will have a significant impact on your property division agreement as well, since they are marital property too.

Several factors will be closely examined in determining the equitable distribution of your assets, and the combination of factors will surely complicate matters. It pays dividends to employ the services of an experienced and results-oriented divorce attorney, familiar with high-asset divorces in the Colorado Springs area.

Fair Settlement, Fairly Valued

At The Foley Law Firm, your life is held together and formed into a strong foundation to build upon for your life following divorce. Pensions, 401(k) plans, family trusts, real property, business assets, corporate assets and more will be accounted for and fairly valued.

Our family law attorneys collaborate with forensic accountants and tax experts as necessary. And, we do our best not to let property division disputes affect the lives of your children. We will work to ensure that your agreements do account for your children's best interests now and in the future.

Colorado law concerning division of property may seem straightforward, but in complex financial matters, the devil is in the details. Trust The Foley Law Firm to protect your rights and assets at all stages of the legal process.

Frequently Asked Questions About Divorce

You may find answers to some of your questions below. But your case has unique aspects and you deserve representation that reflects your specific circumstances. An attorney at our firm can review your situation, discuss your legal options and explain how we can help you.

What do I need to know about child custody?

In Colorado, the courts use what's called "the best interests of the children standard" when deciding issues involving custody. The parent's wishes are only one factor when it comes to custody issues.

When determining "the best interests of the child standard" for purposes of custody and parenting time, the court shall consider all relevant factors, including:

(1) The wishes of the child's parents as to parenting time; (2) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule; (3) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests; (4) The child's adjustment to his or her home, school, and community; (5) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time; (6) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; (7) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support; (8) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time; (9) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence; (10) Whether one of the parties has been a perpetrator of spouse abuse which factor shall be supported by credible evidence; (11) The ability of each party to place the needs of the child ahead of his or her own needs.

The courts would much prefer that a child's parents decide custody issues when it comes to their own children. But of course, if the parents can't agree, then the court will make the decision as to the custody of your children.

How is child support calculated?

The court may order reasonable and necessary child support to be paid by either or both parents, without regard to marital fault, after considering the following factors: (1) the financial resources of the child; (2) the financial resources of the custodial parents; (3) the standard of living the child would have enjoyed if the marriage had not been dissolved; (4) the physical and emotional conditions and educational needs of the child; and (5) the financial resources, needs, and obligations of both the noncustodial and the custodial parent.

When calculating child support amounts there are child support guidelines specified by law. The parties may deviate from these specified child support guidelines under certain circumstances.

Child support is calculated by using a Child Support Worksheet, which generates an appropriate child support amount according to each spouse's income and other relevant factors. Either or both parents may be ordered to provide medical insurance and medical care for the child.

Child support payments may be ordered to be paid through the Financial Support Registry rather than directly to the other parent.

Child support typically continues until the child reaches 19 years of age.

Spousal Maintenance (Alimony)

The court will consider all relevant factors, without regard to marital misconduct, when making an award of spousal maintenance including, but not limited to: (1) The financial status of the party seeking maintenance; (2) The time necessary to gain employment or establish earning capacity (3) The standard of living enjoyed during the marriage; (4) The duration of the marriage; (5) The age and the health condition of the spouse seeking maintenance; and (6) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

When calculating the length and amount of spousal maintenance there are new spousal maintenance guidelines specified by law. The parties may deviate from these specified spousal maintenance guidelines under certain circumstances.

What happens to all of our assets, debts, and property?

Colorado is referred to as an "equitable distribution" state. Equitable does not mean equal or a 50-50 distribution. Equitable is what is deemed to be fair by the District Court or the parties.

Property, assets, and debts can be and are very often divided between the parties by a signed marital separation agreement, which then becomes an order of the District Court and is incorporated into or made a part of the final Decree of Dissolution of Marriage.

If the parties are unable to reach an agreement, the District Court will normally divide or distribute the property, assets, and debts in the following manner; first, it will classify the property, assets, and debts into nonmarital and marital. Next, it will assign a monetary value to the marital property, assets, and debts. Last, it will equitably divide or distribute the marital property, assets, and debts between the two parties. In most circumstances, the nonmartial (inheritance or gifts) or premarital property, assets, and debts remain with that party.

The law states that the court shall set apart to each spouse his or her property and shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including: (1) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (2) The value of the property given to each spouse in the property award; (3) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and (4) Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.

What do I need to know about divorce if I'm in the military?

Specific state and federal laws may apply when a divorce involves military personnel. Unique issues may arise as compared to a typical civilian divorce.

Under the Soldiers and Sailors Civil Relief Act, a divorce proceeding may be postponed for the entire time that an active service member is on duty and for up to 60 days thereafter. However, any active duty member can waive this right if they wish to proceed with a divorce while on active duty. These laws were enacted to protect active military from being unable to participate in the divorce proceedings because of active duty.

The federal government has enacted the Uniformed Services Former Spouses' Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retiree's pay to the former spouse. In most cases, the federal laws will not divide and distribute any of the military member's retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

In most cases, both child support and spousal maintenance awards may not exceed 60 percent of a military member's pay and allowances.

Speak With One Of Our Attorneys Today

Please email or call us at 719-377-4024 to schedule a consultation with a family law attorney who cares and who is enthusiastic about getting to work for you.