Do I Have to Split My Retirement Accounts in Divorce?

Divorce can bring up countless financial questions, but one of the most common — and often most confusing — involves retirement accounts. After years of saving and planning for your future, the thought of splitting your hard-earned retirement funds can feel unsettling. So, do you really have to divide your retirement accounts when you divorce?

The short answer: in most cases, yes — at least partly. But how much you have to divide depends on several key factors, including the type of account, when the funds were earned, and the laws in your state.

Understanding Marital vs. Separate Property

Before diving into the details, it’s important to understand how the law distinguishes between marital property and separate property:

Marital property generally includes any assets acquired by either spouse during the marriage — including income, savings, and contributions to retirement accounts made while married.
Separate property includes assets you owned before marriage or received individually, such as through inheritance or gifts.

If part of your retirement savings was earned before your marriage, that portion is often considered your separate property and may not be divided in a divorce. However, any growth or contributions made during the marriage are typically subject to division.

Types of Retirement Accounts and How They’re Divided

Not all retirement accounts are created equal. The way they’re divided depends on the type of plan and how it’s structured:

1. 401(k), 403(b), and Other Employer-Sponsored Plans

These accounts are divided using a special court order called a Qualified Domestic Relations Order (QDRO). A QDRO tells the plan administrator exactly how to split the funds between spouses while avoiding taxes and penalties.

2. IRAs (Individual Retirement Accounts)

IRAs don’t require a QDRO but are instead divided under the terms of the divorce decree. The receiving spouse can roll the funds into their own IRA to avoid early withdrawal penalties or taxes.

3. Pensions

If one spouse has a defined-benefit pension plan, the other spouse may be entitled to a share of the monthly benefit payments once the pension starts paying out. Like 401(k)s, this often requires a QDRO.

Factors That Affect How Retirement Accounts Are Split

Courts consider several factors when determining how to divide retirement savings fairly. These may include:

Length of the marriage
Each spouse’s income and future earning potential
Contributions made by each spouse (including homemaking or childrearing)
Other marital assets being divided

Colorado, for example, follows “equitable distribution” laws — meaning the division must be fair, not necessarily equal. This allows flexibility in negotiations. You might keep your entire retirement account in exchange for giving up other marital assets of similar value, such as the family home or investment accounts.

What About Early Withdrawals or Penalties?

When handled properly, splitting retirement funds in a divorce does not trigger taxes or penalties. However, if funds are withdrawn directly instead of being transferred through a QDRO or rollover, the IRS may treat it as an early withdrawal — resulting in income taxes and a 10% penalty.

That’s why it’s crucial to have your divorce attorney and financial advisor coordinate the transfer properly.

Can You Negotiate to Keep Your Retirement?

Yes — with careful planning and negotiation, it’s sometimes possible to keep your retirement accounts intact. This may involve:

Offering your spouse a larger share of other marital assets
Using mediation to reach a customized financial agreement
Demonstrating that part or all of your retirement funds are separate property

Every case is unique, so it’s important to consult an experienced divorce attorney who understands both family law and financial matters.

Protecting Your Financial Future

Retirement accounts are often one of the largest marital assets, so understanding how they’ll be handled is essential to protecting your financial future. The division of these accounts can have long-term effects on your ability to retire comfortably — so it’s not something to approach without professional guidance.

At Divorce Matters, our Colorado family law attorneys help clients navigate the complex financial issues that arise during divorce. We’ll work with you to protect your retirement assets, ensure a fair division of property, and help you plan for a secure future. If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.

Prenuptial and Post-Nuptial Agreements: Protecting Your Future in Marriage

Marriage is not only a personal commitment but also a legal and financial partnership. While discussing finances before or during marriage might seem uncomfortable, having open conversations and clear agreements can actually strengthen your relationship. Prenuptial and post-nuptial agreements help couples establish financial boundaries, protect assets, and prevent disputes if the marriage ends in divorce or separation.

What Is a Prenuptial Agreement?

A prenuptial agreement (often called a prenup) is a legally binding contract created before marriage. It outlines how assets, debts, and property will be divided in the event of divorce, legal separation, or death.

Prenups are especially helpful for couples who:

Have significant assets, property, or business interests before marriage
Expect to receive inheritances
Have children from previous relationships
Want to clarify financial expectations and responsibilities

A well-drafted prenup can prevent misunderstandings and reduce conflict later. It’s not about mistrust—it’s about protecting both partners’ rights and ensuring transparency.

What Is a Post-Nuptial Agreement?

A post-nuptial agreement (or postnup) is similar to a prenup but is created after the couple is already married. It allows spouses to outline or update financial terms that may have changed since their wedding.

Couples may choose a postnup when:

One partner starts or expands a business
They receive a large inheritance or windfall
They want to clarify financial responsibilities after years of marriage
There have been significant lifestyle or financial changes

Like a prenup, a postnup must be fair, voluntary, and based on full financial disclosure to be enforceable.

Key Differences Between Prenuptial and Post-Nuptial Agreements

Feature	Prenuptial Agreement	Post-Nuptial Agreement
Timing	Signed before marriage	Signed after marriage
Purpose	Defines financial terms before marriage begins	Adjusts or adds financial terms after marriage
Common Uses	Protecting premarital assets, business ownership, or inheritance	Responding to new financial developments or relationship changes
Legal Enforceability	Must meet specific state requirements	Must demonstrate fairness and transparency at the time of signing

Both agreements can provide clarity, but postnups can be more challenging to enforce if one spouse claims unfair pressure or lack of consent—making proper legal guidance essential.

Why Couples Choose These Agreements

While many view these agreements as preparing for failure, they actually serve to protect both spouses and reduce conflict. Common benefits include:

Asset Protection: Ensures that premarital property, inheritances, and business interests remain secure.
Debt Division: Clarifies which debts belong to which spouse, preventing liability issues.
Financial Clarity: Sets expectations for spending, saving, and ownership.
Reduced Conflict: Prevents costly and emotional disputes if divorce occurs.
Peace of Mind: Offers transparency and fairness, promoting trust in the relationship.

In Colorado, courts uphold prenups and postnups if they are entered into voluntarily, with full disclosure and without coercion.

How to Create a Valid Agreement

To ensure a prenup or postnup holds up in court, certain legal standards must be met:

Full Financial Disclosure: Both spouses must be honest about all assets, debts, and income.
Voluntary Agreement: Neither party can be pressured or coerced.
Fairness: The agreement must be reasonable at the time it was signed.
Independent Legal Counsel: Each spouse should have their own attorney to review the document.
Written and Signed: Verbal agreements are not enforceable in court.

Working with an experienced family law attorney ensures your agreement complies with Colorado law and accurately represents your wishes.

When to Consider Revising an Agreement

Life changes—so can your financial circumstances and priorities. It may be time to update your agreement if:

You acquire new assets or start a business
You move to a different state
You have children
Your financial situation changes dramatically

A post-nuptial amendment can help you update your terms to match your current situation and ensure continued protection.

How a Family Law Attorney Can Help

An attorney can:

Explain your rights and options under Colorado law
Help draft, review, or revise your agreement
Ensure fairness and enforceability
Represent your interests during negotiation

At Divorce Matters, our experienced family law attorneys help couples create fair, legally sound prenuptial and post-nuptial agreements. Whether you’re planning your marriage or redefining your financial relationship, we provide the guidance you need to protect your future.

Take the Next Step

If you’re considering a prenuptial or post-nuptial agreement in Colorado, don’t navigate it alone. Contact Divorce Matters today to schedule a confidential consultation with one of our skilled attorneys and learn how we can help you build a secure foundation for your marriage.

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Halloween Night and Parenting Time: How to Handle Visitation Conflicts

Halloween is a night filled with costumes, candy, and cherished childhood memories—but for divorced or separated parents, it can also bring a few tricky challenges. When October 31 falls on a weekday, it often overlaps with school nights and regular visitation schedules, leading to confusion or even conflict over who gets to take the kids trick-or-treating.

Balancing child custody and co-parenting during Halloween doesn’t have to turn into a scary situation. With planning, flexibility, and communication, both parents can help ensure their children have a fun, stress-free celebration.

Understanding the Challenge: When Halloween Falls on a Weekday

In many custody arrangements, weekday parenting time might belong to one parent while weekends belong to another. That setup works fine most of the year—but when holidays like Halloween land on a weekday, it can create tension.

For example, if one parent usually has Tuesday or Thursday nights and Halloween falls on one of those days, the other parent might feel left out of the festivities. These conflicts aren’t uncommon, especially since Halloween is more about shared experiences—like trick-or-treating and costume parades—than about gifts or traditional meals.

This is why it’s essential to review your visitation schedule in advance and make adjustments if needed.

Tip #1: Plan Ahead—Don’t Wait Until the Last Minute

The best way to avoid Halloween parenting disputes is to talk early. Check your child custody agreement and the parenting schedule to see which parent technically has the children that evening. Then, discuss how you might share or alternate the celebration.

Some parents choose to:

Alternate Halloween each year.
Split the day—one parent attends the school party, and the other handles trick-or-treating.
Celebrate together, if co-parenting dynamics allow.

When communication happens early, both parents have time to coordinate costumes, transportation, and evening routines without the added pressure of last-minute arguments.

Tip #2: Focus on the Kids’ Experience

It’s easy to get caught up in who gets “the night,” but remember: Halloween should be about your children’s joy, not parental competition. Kids benefit most when both parents support their fun, even from afar.

If you can’t be there in person, ask your child to send photos of their costume or a short video call before they go trick-or-treating. Showing enthusiasm for their excitement helps maintain connection, even if you’re not together that night.

If your co-parent relationship is cooperative, consider joining forces for community events or school festivities. Many children love showing off their costumes to both parents—and this can reinforce a sense of family stability even after separation.

Tip #3: Modify the Parenting Plan if Needed

If Halloween conflicts become a recurring issue, you might consider making a temporary modification to your visitation schedule. Courts and attorneys generally encourage flexibility, especially for minor holidays like Halloween.

Parents can agree in writing to swap days or add make-up time later in the week. For instance, if one parent gets Halloween this year, the other might get the weekend after for a special fall activity like pumpkin carving or a movie night.

It’s also wise to include language in your parenting plan that addresses how holidays like Halloween, Easter, or the Fourth of July will be handled in the future. This helps prevent confusion and ensures your child’s interests come first.

Tip #4: Keep Communication Calm and Respectful

Disagreements happen, but Halloween shouldn’t turn into a courtroom battle. When discussing schedule changes, keep the focus on what benefits the children—not on personal frustrations.

Some helpful strategies include:

Using neutral language when texting or emailing.
Offering solutions rather than ultimatums.
Involving a mediator if you can’t reach an agreement.

If things become too tense, consider reaching out to a family law attorney or mediator who can guide you through resolving parenting disputes peacefully.

Tip #5: Create New Traditions

If you can’t have your child on Halloween night, that doesn’t mean you miss out on the fun. Many families create new traditions to celebrate at a different time.

You might:

Host a “Halloween Eve” movie night with spooky snacks.
Take your kids to a community “Trunk or Treat” event on another day.
Have a costume photo shoot before they head out with the other parent.

These small adjustments ensure you’re still part of your child’s holiday memories, even if the timing isn’t perfect.

Keeping Halloween Fun—No Tricks, Just Treats

At the end of the day, co-parenting during Halloween is about cooperation, not competition. Children thrive when both parents put their happiness and comfort first, no matter who technically has the evening.

By planning ahead, staying flexible, and communicating clearly, you can prevent visitation conflicts from spoiling the fun. With the right approach, Halloween can remain a joyful time of laughter, candy, and connection—no courtroom drama required. If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.

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Navigating Child Custody and Visitation: What Every Parent Should Know

Divorce or separation can be one of the hardest experiences a family goes through—especially when children are involved. Determining child custody and visitation isn’t just about legal paperwork; it’s about creating a plan that supports your child’s stability, happiness, and future.

In Colorado, custody decisions—legally referred to as “parental responsibilities”—focus on the child’s best interests. Understanding how these decisions are made can help parents approach the process with clarity and confidence.

The Two Sides of Custody: Decision-Making and Parenting Time

Colorado law breaks custody into two main components:

Decision-Making Responsibility – Who has the authority to make major decisions about the child’s life, such as education, healthcare, and religion.
Parenting Time (Visitation) – How much time each parent spends with the child, including living arrangements, holidays, and vacations.

Courts often encourage joint custody, where both parents share decision-making and time with the child. However, if joint custody isn’t in the child’s best interests, one parent may receive primary custody, with the other receiving visitation rights.

How the Court Determines Custody

Every custody case is unique. When parents cannot agree on a plan, the court steps in to decide what arrangement serves the child’s best interests. Judges look at several factors, including:

Each parent’s emotional bond with the child
The child’s adjustment to home, school, and community
The ability of each parent to support the child’s relationship with the other parent
The mental and physical health of everyone involved
Any evidence of abuse, neglect, or substance abuse

The court’s main goal is to ensure a safe, loving, and consistent environment for the child.

Understanding Visitation Rights

Visitation, also known as parenting time, allows a parent to maintain a meaningful relationship with their child even if they don’t have primary custody. Common arrangements include:

Alternating weekends and holidays
Midweek or overnight visits
Extended summer or vacation time

In some cases, the court may order supervised visitation if there are concerns about a parent’s ability to provide a safe environment. These visits take place in the presence of a neutral third party to protect the child’s well-being.

Creating a Parenting Plan That Works

Colorado encourages parents to work together to create a parenting plan—a written agreement that outlines custody, visitation, communication, and decision-making responsibilities. A well-crafted parenting plan helps reduce conflict and ensures that both parents understand their roles and expectations.

If parents cannot agree, the court may order mediation before making a final decision. Mediation provides an opportunity to discuss issues in a neutral setting and reach an agreement without going to trial.

Modifying Custody or Visitation Orders

Life changes—jobs relocate, children grow older, and family needs evolve. If a major life change affects your current custody arrangement, you can request a modification.

To modify a court order, the requesting parent must show that the change serves the child’s best interests. Common reasons include relocation, remarriage, or significant changes in a parent’s circumstances. Having legal guidance during this process can make it easier to present your case effectively.

Why Legal Help Matters

Even when both parents want what’s best for their child, custody and visitation issues can become complex. A knowledgeable family law attorney can help by:

Explaining your rights under Colorado custody law
Drafting or reviewing parenting plans
Representing you in mediation or court
Helping you modify or enforce existing orders
Protecting your child’s safety and your parental rights

At Divorce Matters, our attorneys understand the emotional and legal challenges parents face during custody disputes. We provide compassionate guidance and strong advocacy to help you reach a resolution that protects your child and your peace of mind.

Final Thoughts

Child custody and visitation cases are about more than legal decisions—they’re about building a foundation for your child’s future. With the right legal support and a focus on cooperation, parents can create a plan that works for everyone involved.

If you need help with a custody or visitation matter, contact Divorce Matters today. Our experienced team is ready to help you protect your rights and your child’s best interests.

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Divorce vs. Legal Separation: Which Is Right for You?

When a marriage is no longer working, couples are often faced with a difficult question: should they pursue a divorce or consider a legal separation? While both processes allow spouses to live apart and establish legal arrangements regarding finances, property, and children, the outcomes and long-term implications are very different. Understanding the differences between divorce and legal separation can help you decide which path makes the most sense for your unique situation.

What Is Legal Separation?

A legal separation is a court-approved arrangement where a married couple lives apart but remains legally married. It is more than just moving into separate homes—it involves filing a petition with the court and establishing legally binding agreements on issues such as:

Child custody and visitation
Child support
Spousal support (alimony)
Division of property and debts

In Colorado, for example, couples must file for legal separation through the court system, much like they would for a divorce. The court issues a decree of legal separation, which formalizes the arrangement.

Why Choose Legal Separation?

For some couples, legal separation is a more suitable option than divorce. Reasons might include:

Religious or Personal Beliefs
Some faiths strongly discourage or prohibit divorce, making legal separation a way to live independently while respecting those beliefs.
Health Insurance and Benefits
Remaining legally married can allow one spouse to continue receiving health insurance coverage through the other’s employer or maintain access to certain benefits.
Financial Considerations
Couples may find that separating legally—while remaining married—allows them to better manage joint financial responsibilities, tax benefits, or retirement benefits.
Uncertainty About Divorce
For some couples, legal separation provides space and time to determine whether reconciliation is possible, without the finality of divorce.
Residency Requirements
In certain situations, couples may choose legal separation first if they have not yet met the residency requirements to file for divorce in their state.

What Is Divorce?

Divorce, or dissolution of marriage, is the permanent and legal end of a marriage. Once a divorce is finalized, both parties are legally single and free to remarry. Like legal separation, divorce requires court involvement and addresses issues such as:

Division of property and debts
Child custody and visitation
Child support
Spousal support

However, unlike legal separation, divorce is final and comes with legal consequences that cannot easily be reversed.

Why Choose Divorce?

Divorce may be the best option if you are ready to move on completely from the marriage. Reasons couples choose divorce include:

Closure and Independence
Divorce provides a clean break and allows both spouses to fully move forward with their lives.
Ability to Remarry
Only divorce allows individuals to remarry. For those who want the option of future relationships or marriages, this is essential.
Financial Independence
Divorce legally severs financial ties between spouses, which can help avoid conflicts over future debts or obligations.
Finality
For many, the emotional clarity of divorce outweighs the uncertainty of ongoing legal separation.

Key Differences Between Divorce and Legal Separation

While divorce and legal separation may look similar in terms of process, the differences are critical:

Aspect	Divorce	Legal Separation
Marital Status	Legally single	Still legally married
Ability to Remarry	Yes	No
Insurance & Benefits	Usually ends spousal benefits	Spousal benefits may continue
Financial Separation	Complete division of property/debts	Similar division, but marriage remains intact
Emotional Closure	Permanent	May leave door open for reconciliation
Religious/Personal Considerations	May conflict with beliefs	Allows separation without violating beliefs

How to Decide Between Divorce and Legal Separation

Deciding whether divorce or legal separation is right for you depends on your goals, values, and circumstances. Consider the following questions:

Are you certain your marriage is over?
If reconciliation is not an option, divorce may be best.
Do you want the option to remarry?
If yes, only divorce will allow that.
Are there financial or insurance benefits you want to preserve?
Legal separation might allow you to maintain access to these.
Do religious or personal beliefs make divorce difficult?
Legal separation could be a respectful alternative.
Do you need time and space to decide?
Legal separation provides a trial period without the permanence of divorce.

Ultimately, your choice should reflect both your emotional well-being and your long-term practical needs.

Legal Process for Divorce and Legal Separation in Colorado

In Colorado, both divorce and legal separation follow a similar process:

Filing a Petition – One spouse files paperwork with the court.
Financial Disclosures – Both parties exchange information about assets, debts, and income.
Negotiation/Mediation – Couples attempt to agree on property division, custody, and support.
Court Hearing – If agreements are reached, a judge reviews and approves them. If not, the court makes final decisions.
Final Decree – The court issues either a decree of dissolution (divorce) or a decree of legal separation.

One important note: In Colorado, couples who are legally separated can later convert their separation into a divorce decree after six months if they choose. This flexibility can be helpful for couples who are unsure about their long-term decision.

Conclusion: Choosing the Right Path

Whether divorce or legal separation is right for you depends on your personal circumstances, financial needs, and long-term goals. Both options involve serious legal and emotional considerations, and making the wrong choice can have lasting consequences. That’s why it’s crucial to seek guidance from experienced family law attorneys who can help you navigate the process and make informed decisions.

At Divorce Matters, we understand how difficult these choices can be. Our compassionate and knowledgeable team has helped countless individuals in Colorado determine the best path forward for their families. Whether you’re considering legal separation, divorce, or simply exploring your options, we are here to guide you every step of the way.

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Colorado Springs Child Custody Laws

What You Need to Know About Child Custody Colorado Laws

Divorce Matters® in Colorado Springs has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Overview

Divorce cases involving children almost always require difficult, and even painful, negotiations over child custody. The same can be said of non-married parents who decide to separate, which raises the sensitive question of how custody will be allocated.

It is highly advantageous for a divorcing parent to be represented by a lawyer well-versed in child custody Colorado law and experienced in helping clients navigate custody negotiations. The legal team at Divorce Matters® has successfully handled thousands of dissolutions of marriage cases in Colorado Springs that have involved complex issues, from child custody to parental decision-making authority, to parental relocation and beyond. Every child custody attorney at Divorce Matters® is a seasoned legal advocate who is committed to helping each client work toward the best solution for themselves and their family.

It is important for divorcing parents to understand that when it comes to child custody, Colorado laws do not use the terms “joint custody” or “sole custody.” Instead, Colorado’s family law courts speak in terms of parental responsibility, which is broken down into the following two components:

Parenting Time

“Parenting time” is a term that Colorado courts use to refer to the amount of time a child spends with one parent or the other. It includes the number of overnight stays, as well as vacation and holiday time.
A Colorado divorce court judge is required by state law to approve a parenting schedule that is in the “best interests of the child” (see, Colo. Rev. Stat. § 14-10-124). In doing so, the judge must consider the following factors:
- The wishes of the parents
- The wishes of the child, if they are old enough
- The child’s relationship with each parent
- How well the child is adjusted to their home, school, and community
- The mental and physical health of all parties involved
- The ability of each parent to encourage love, affection, and contact with their co-parent
- The parents’ past involvement in their child’s life
- Where each of the parents lives
- The ability of each parent to put the child’s needs ahead of their own
As every lawyer will tell you: when it comes to child custody, Colorado law recognizes that it is generally in every child’s best interest to have frequent contact with both parents and to have both parents actively engaged in their child’s upbringing. It is also important to note that, in Colorado, neither mothers nor fathers enter custody negotiations a step ahead of the other. Colorado law requires that parenting time and decision-making responsibilities be determined based on who is best able to serve the needs of the child, not the gender of the parent.

Decision-Making

Another component of parental responsibility relating to child custody Colorado laws is formally called the “allocation of decision-making responsibility.” This is more commonly known as legal custody. “Decision-making” refers to a parent’s authority to make fundamental decisions about their child’s welfare. This decision-making authority includes the right to make major decisions, such as where the child will attend school and what extracurricular activities the child will participate in. Smaller everyday decisions generally are not included in this authority, meaning both parents can make these decisions when the child is in their care.

A divorce custody lawyer who is attempting to help a client obtain decision-making authority will argue that, similar to parenting time above, their client making such decisions will be in the best interests of the child.

Whether two parents will be able to share decision-making authority generally boils down to their ability to do the following:

Cooperate and constructively make joint decisions
Demonstrate a willingness to maintain a mutually supportive environment
Collaboratively provide a positive and nourishing relationship with the child
Encourage the child to have a positive relationship with both parents

A critical thing to bear in mind about child custody in Colorado is that parenting time (physical custody) and decision-making authority (legal custody) are separate matters that a judge will decide on separately. For example, a judge might conclude that a child is best served by living primarily at one home while giving both parents equal decision-making authority.

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Why Choose Divorce Matters®?

The child custody attorneys at Divorce Matters® Colorado Springs are exceptionally well-versed in child custody laws in Colorado and have a long track record of zealously representing clients in child custody cases. We handle all manner of child custody cases, from relatively straightforward cases to far more challenging cases involving the following issues:

Contested Custody

A contested child custody case in Colorado is one in which the parents are unable to come up with a custody agreement on their own. In this scenario, the court must intervene and make the child custody decisions for them. Contested child custody litigation should always be pursued as a last resort, as it can quickly become drawn-out and expensive.

Relocation

It isn’t uncommon for a parent to want to leave Colorado after a divorce. You should inform your attorney and judge of this intention and the reason why you will be moving. The divorce court judge will take this reasoning, location of your move, and remaining details in your child custody case and allocate parental responsibilities accordingly, centered around the child’s best interests.

Domestic Violence

Colorado courts are required to consider whether a divorcing parent has engaged in domestic violence when determining parenting time and decision-making authority. This is, however, only one factor among many, and courts are generally reluctant to grant zero parenting time to a father or mother for any reason. Again, the court will make its decisions based on the best interest of the child, not the best interest of either parent.

Order Modifications

At Divorce Matters, our child custody lawyers frequently represent parents who desire to have their child custody order modified. Parents most commonly request this when there has been a change in circumstances and modifying the order is in the best interests of the child. Our seasoned child custody attorneys can assist you through the process of filing for any changes you think might be necessary.

Contact Divorce Matters® Today

Child custody is a highly emotional issue in many cases. If you’d like to speak with a local family law attorney about your legal options as they relate to child custody or any other divorce-related topic, then you can contact us at Divorce Matters® by calling us at 720-542-6142 or filling out our online form.

Am I really required to take a parenting class before custody is decided?

Under Colorado law, if a couple getting divorced has kids, they will generally be required to take a one-time parenting class. This class lasts about four hours and costs roughly $60. In most cases, the divorce and child custody decisions will not be finalized until the class has been taken by both spouses.

Can I take my kids out-of-state while my case is pending?

When a divorce is pending, Colorado law prohibits either spouse from taking the children out of state unless they have either the permission of the other spouse, or the permission of the court.

If I get custody, can I choose where my kids go to school?

It depends on if you were awarded sole decision-making responsibilities or not. In Colorado, “decision-making” refers to the authority to make decisions on the child’s behalf. If you have joint decision-making responsibilities, all decisions must be made together with your ex-spouse. However, if you have sole decision-making responsibilities, then you can choose where your kids go to school without permission from your ex-spouse.

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

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Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

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What You Need to Know About Child Custody Colorado Laws

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Overview

Divorce cases involving children almost always require difficult, and even painful, negotiations over child custody. The same can be said of non-married parents who decide to separate, which raises the sensitive question of how custody will be allocated.

It is highly advantageous for a divorcing parent to be represented by a lawyer well-versed in child custody Colorado law and experienced in helping clients navigate custody negotiations. The legal team at Divorce Matters® has successfully handled thousands of dissolutions of marriage cases in Fort Collins, Colorado, that have involved complex issues, from child custody to parental decision-making authority, to parental relocation and beyond. Every child custody attorney at Divorce Matters® is a seasoned legal advocate who is committed to helping each client work toward the best solution for themselves and their family.

It is important for divorcing parents to understand that when it comes to child custody, Colorado laws do not use the terms “joint custody” or “sole custody.” Instead, Colorado’s family law courts speak in terms of parental responsibility, which is broken down into the following two components:

Parenting Time

“Parenting time” is a term that Colorado courts use to refer to the amount of time a child spends with one parent or the other. It includes the number of overnight stays, as well as vacation and holiday time.
A Colorado divorce court judge is required by state law to approve a parenting schedule that is in the “best interests of the child” (see, Colo. Rev. Stat. § 14-10-124). In doing so, the judge must consider the following factors:
- The wishes of the parents
- The wishes of the child, if they are old enough
- The child’s relationship with each parent
- How well the child is adjusted to their home, school, and community
- The mental and physical health of all parties involved
- The ability of each parent to encourage love, affection, and contact with their co-parent
- The parents’ past involvement in their child’s life
- Where each of the parents lives
- The ability of each parent to put the child’s needs ahead of their own
As every lawyer will tell you: when it comes to child custody, Colorado law recognizes that it is generally in every child’s best interest to have frequent contact with both parents and to have both parents actively engaged in their child’s upbringing. It is also important to note that, in Colorado, neither mothers nor fathers enter custody negotiations a step ahead of the other. Colorado law requires that parenting time and decision-making responsibilities be determined based on who is best able to serve the needs of the child, not the gender of the parent.

Decision-Making

Another component of parental responsibility relating to child custody Colorado laws is formally called the “allocation of decision-making responsibility.” This is more commonly known as legal custody. “Decision-making” refers to a parent’s authority to make fundamental decisions about their child’s welfare. This decision-making authority includes the right to make major decisions, such as where the child will attend school and what extracurricular activities the child will participate in. Smaller everyday decisions generally are not included in this authority, meaning both parents can make these decisions when the child is in their care.

A divorce custody lawyer who is attempting to help a client obtain decision-making authority will argue that, similar to parenting time above, their client making such decisions will be in the best interests of the child.

Whether two parents will be able to share decision-making authority generally boils down to their ability to do the following:

Cooperate and constructively make joint decisions
Demonstrate a willingness to maintain a mutually supportive environment
Collaboratively provide a positive and nourishing relationship with the child
Encourage the child to have a positive relationship with both parents

A critical thing to bear in mind about child custody in Colorado is that parenting time (physical custody) and decision-making authority (legal custody) are separate matters that a judge will decide on separately. For example, a judge might conclude that a child is best served by living primarily at one home while giving both parents equal decision-making authority.

Searching for the Best Divorce Lawyer in Fort Collins, Colorado?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Why Choose Divorce Matters®?

The child custody attorneys at Divorce Matters® Fort Collins, Colorado, are exceptionally well-versed in child custody laws and have a long track record of zealously representing clients in child custody cases. We handle all manner of child custody cases, from relatively straightforward cases to far more challenging cases involving the following issues:

Contested Custody

A contested child custody Colorado case is one in which the parents are unable to come up with a custody agreement on their own. In this scenario, the court must intervene and make the child custody decisions for them. Contested child custody litigation should always be pursued as a last resort, as it can quickly become drawn-out and expensive.

Relocation

It isn’t uncommon for a parent to want to leave Colorado after divorcing. You should inform your attorney and judge of this intention and the reason why you will be moving. The divorce court judge will take this reasoning, location of your move, and remaining details in your child custody case and allocate parental responsibilities accordingly, centered around the child’s best interests.

Domestic Violence

Colorado courts are required to consider whether a divorcing parent has engaged in domestic violence when determining parenting time and decision-making authority. This is, however, only one factor among many, and courts are generally reluctant to grant zero parenting time to a father or mother for any reason. Again, the court will make its decisions based on the best interest of the child, not the best interest of either parent.

Order Modifications

At Divorce Matters, our child custody lawyers frequently represent parents who desire to have their child custody order modified. Parents most commonly request this when there has been a change in circumstances and modifying the order is in the best interests of the child. Our seasoned child custody attorneys can assist you through the process of filing for any changes you think might be necessary.

Contact Divorce Matters® in Fort Collins Today

Child custody is a highly emotional issue in many cases. If you’d like to speak with a local family law attorney about your legal options as they relate to child custody or any other divorce-related topic, then you can contact us at Divorce Matters® by calling us at 720-542-6142 or filling out our online form.

Am I really required to take a parenting class before custody is decided?

Under Colorado law, if a couple getting divorced has kids, they will generally be required to take a one-time parenting class. This class lasts about four hours and costs roughly $60. In most cases, the divorce and child custody decisions will not be finalized until the class has been taken by both spouses.

Can I take my kids out-of-state while my case is pending?

When a divorce is pending, Colorado law prohibits either spouse from taking the children out of state unless they have either the permission of the other spouse, or the permission of the court.

If I get custody, can I choose where my kids go to school?

It depends on if you were awarded sole decision-making responsibilities or not. In Colorado, “decision-making” refers to the authority to make decisions on the child’s behalf. If you have joint decision-making responsibilities, all decisions must be made together with your ex-spouse. However, if you have sole decision-making responsibilities, then you can choose where your kids go to school without permission from your ex-spouse.

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Get In Touch

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Child Custody

Protect What Matters Most with a Denver Child Custody Attorney

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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When you’re going through a divorce or separation involving children, the stakes couldn’t be higher. Your child’s stability, emotional wellbeing, and future are at the heart of everything – and ensuring you have a compassionate, skilled legal team by your side makes all the difference. As a Colorado-based law firm focused exclusively on family law, Divorce Matters® has helped thousands of parents across the state navigate the complexities of child custody. If you’re searching for a Denver child custody attorney, you’ll find a trusted team of lawyers and support staff at Divorce Matters®.

We offer local knowledge, proven results, and a deep commitment to protecting families like yours. At Divorce Matters®, our experienced team of family law professionals is here to stand with you every step of the way. We provide clarity in a time of confusion and fight for custody solutions that protect what matters most – your children.

What Child Custody Really Means in Colorado

In Colorado, the courts no longer use the term “custody” as a legal definition – instead, it falls under “allocation of parental responsibilities.” But for most parents, the concern remains the same: who makes the important decisions about their child’s life, and how will parenting time be divided?

Parental responsibilities are divided into two key categories: decision-making and parenting time. Decision-making covers big-picture issues like schooling, healthcare, and religion. Parenting time refers to the day-to-day schedule and physical time each parent spends with the child. When you work with a Denver child custody attorney at Divorce Matters®, you gain a strong legal partner who understands how Colorado courts interpret and apply these principles – and who knows how to position your case in a way that aligns with your child’s best interests.

The court’s goal is always to support the child’s welfare above all else. This includes evaluating the relationship between parent and child, each parent’s ability to provide a stable home, the emotional ties between all parties, and how well the child is already adjusted to their school and community. Having a lawyer who understands both the law and the emotional nuance of custody cases is essential – and that’s where Divorce Matters® excels.

The Divorce Matters® Approach to Child Custody

Our concentrated family law experience allows us to approach your custody case with a level of depth and attention that general law firms can’t offer. There is no “one-size-fits-all” custody arrangement. Every family is different. Every child is unique. And the outcome of your case will shape your future.

When you partner with a Divorce Matters® Denver child custody attorney, you will receive personalized legal guidance built around your goals, concerns, and family dynamics. Whether you’re looking to negotiate a cooperative parenting agreement or preparing for a contentious custody battle, we’re prepared to help you navigate every possibility.

We begin by listening to your story: What matters most to you? What are your worries? What kind of future do you envision for your children? Once we understand your situation, we craft a strategy designed to support it with evidence, clarity, and determination. If you and your co-parent are in agreement, we work to formalize your parenting plan in a way that satisfies legal standards and provides long-term stability. If you’re in conflict, we advocate assertively for your parental rights in court.

Local Knowledge That Gives You an Advantage

Many parents underestimate the importance of working with a Denver child custody attorney who is familiar with local judges, county procedures, and regional expectations. Every courthouse has its own pace, culture, and priorities. At Divorce Matters®, our attorneys appear regularly in family courts across Colorado and understand how to navigate these differences.

This local advantage means faster response times, fewer procedural missteps, and more predictable outcomes. It also means we can connect you with additional local resources – therapists, parenting coordinators, financial advisors, and more – that can make a difficult time more manageable.

We believe your legal team should not only understand the law, but also understand your life – your community, your challenges, and your values. When you work with a Denver child custody attorney, you’re choosing someone who is accessible, invested, and ready to go the distance for you and your family.

Complex Custody Issues? We've Got You Covered.

While some custody cases can be resolved amicably, others involve serious challenges such as relocation requests, suspected abuse or neglect, high-conflict co-parents, or major disagreements about what’s best for the child. At Divorce Matters®, we are prepared to handle even the most complex custody cases with precision and care.

For example, if your co-parent intends to move out of state with your child, the court must assess whether this relocation supports the child’s best interests. These cases can become highly emotional and require detailed legal preparation. Our attorneys have extensive experience in presenting compelling arguments and protecting parental rights in situations involving major life changes.

We also handle post-decree custody modifications, helping parents revisit and revise custody orders when circumstances change – such as a parent’s work schedule, health issues, or concerns about the child’s safety. If you’re unsure whether your situation qualifies for modification, speak with a Denver child custody attorney at Divorce Matters®. We’ll evaluate your case and help you understand your options.

Support Beyond the Courtroom

Child custody isn’t just about court orders – it’s about building a sustainable co-parenting relationship that serves your child’s needs long-term. Our role as your legal advocate doesn’t end with a final order. We continue to support our clients through transitions, helping resolve disagreements, enforce parenting plans, and maintain a peaceful path forward.

Speak With a Denver Child Custody Attorney Today

If you’re facing child custody concerns in Colorado, you don’t have to navigate them alone. The attorneys at Divorce Matters® are here to help you protect your rights and secure a parenting arrangement that supports your child’s well-being.

Reach out to schedule a confidential consultation with a Denver child custody attorney. Whether you’re in the early stages of a custody dispute or seeking to modify an existing order, our team is ready to listen, guide, and advocate for what matters most – your child.

Let us help you build a better future. Contact Divorce Matters® today.

Searching for a Child Custody Attorney Near You?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

BOOK A CONSULTATION

Best Family Custody Lawyer

Searching for the Best Family Custody Lawyer in Colorado?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Awards and Accomplishments

American Institute of Legal Counsel

The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State. This is a prestigious honor for the Attorney as each Attorney must:

Be formally nominated by the Institute, client, and/or fellow Attorney;
Have attained the highest degree of professional achievement in his or her field of law; and
Having done so with an impeccable Client Satisfaction rating.

The National Advocates: Top 40 under 40

Top 40 under 40 are national, interconnected invitation-only professional honorary, networking, educational and leadership organizations composed of top attorneys from each state or region who take pride in guiding and representing individuals and families that need an advocate on their side in the American legal system. The National Advocates: Top 40 under 40 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.

BBB

Accredited by the Better Business Bureau

Avvo 10 Rating

Avvo’s rating is calculated using information the lawyer has included on their profile in addition to the information they collect from state bar associations and other organizations that license legal professionals.

National Academy of Family Law Attorneys

The National Academy of Family Law Attorneys is an organization devoted to recognizing the top family law attorneys in the nation. With over a million attorneys in the United States, choosing the best lawyer is difficult. However, through a stringent selection process, the NAFLA awards the best family law attorneys in each state with our most prestigious honor of being named “TOP 10”. The very few attorneys (less than 1%) that are good enough to make our list have demonstrated an extraordinary amount of knowledge, skill, experience, expertise and success in their practice of family law.

2020 Colorado Rising Stars List

We are proud to announce the selection of four of our attorneys, William Smith, Kathlyn Laraway, Ashley Balicki and David Kalisek, to the 2020 Colorado Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

2020 Super Lawyers List

We are proud to announce the selection of managing partner, Douglas Thomas to the 2020 Colorado Super Lawyers list. This is an exclusive list, recognizing no more than 5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

The National Association of Distinguished Counsel

The National Association of Distinguished Counsel is an organization dedicated to promoting the highest standards of legal excellence. By virtue of the incredible selectivity of our research process, only the elite few are invited to join the ranks of the NADC. Specifically, less than 1% of practicing attorneys in the United States are members of the “Nation’s Top Attorneys”.

Expertise – Best Child Support Lawyers in Denver

Expertise’s goal is to connect people with the best local experts. They score Denver Child Support Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

American Institute of Legal Counsel

The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State. This is a prestigious honor for the Attorney as each Attorney must:

Be formally nominated by the Institute, client, and/or fellow Attorney;
Have attained the highest degree of professional achievement in his or her field of law; and
Having done so with an impeccable Client Satisfaction rating.

The National Advocates: Top 40 under 40

Top 40 under 40 are national, interconnected invitation-only professional honorary, networking, educational and leadership organizations composed of top attorneys from each state or region who take pride in guiding and representing individuals and families that need an advocate on their side in the American legal system. The National Advocates: Top 40 under 40 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.

BBB

Accredited by the Better Business Bureau

Avvo 10 Rating

Avvo’s rating is calculated using information the lawyer has included on their profile in addition to the information they collect from state bar associations and other organizations that license legal professionals.

National Academy of Family Law Attorneys

The National Academy of Family Law Attorneys is an organization devoted to recognizing the top family law attorneys in the nation. With over a million attorneys in the United States, choosing the best lawyer is difficult. However, through a stringent selection process, the NAFLA awards the best family law attorneys in each state with our most prestigious honor of being named “TOP 10”. The very few attorneys (less than 1%) that are good enough to make our list have demonstrated an extraordinary amount of knowledge, skill, experience, expertise and success in their practice of family law.

2020 Colorado Rising Stars List

We are proud to announce the selection of four of our attorneys, William Smith, Kathlyn Laraway, Ashley Balicki and David Kalisek, to the 2020 Colorado Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

2020 Super Lawyers List

We are proud to announce the selection of managing partner, Douglas Thomas to the 2020 Colorado Super Lawyers list. This is an exclusive list, recognizing no more than 5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

The National Association of Distinguished Counsel

The National Association of Distinguished Counsel is an organization dedicated to promoting the highest standards of legal excellence. By virtue of the incredible selectivity of our research process, only the elite few are invited to join the ranks of the NADC. Specifically, less than 1% of practicing attorneys in the United States are members of the “Nation’s Top Attorneys”.

Expertise – Best Child Support Lawyers in Denver

Expertise’s goal is to connect people with the best local experts. They score Denver Child Support Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

American Institute of Legal Counsel

The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State. This is a prestigious honor for the Attorney as each Attorney must:

Be formally nominated by the Institute, client, and/or fellow Attorney;
Have attained the highest degree of professional achievement in his or her field of law; and
Having done so with an impeccable Client Satisfaction rating.

The National Advocates: Top 40 under 40

Top 40 under 40 are national, interconnected invitation-only professional honorary, networking, educational and leadership organizations composed of top attorneys from each state or region who take pride in guiding and representing individuals and families that need an advocate on their side in the American legal system. The National Advocates: Top 40 under 40 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.

BBB

Accredited by the Better Business Bureau

Avvo 10 Rating

Avvo’s rating is calculated using information the lawyer has included on their profile in addition to the information they collect from state bar associations and other organizations that license legal professionals.

National Academy of Family Law Attorneys

The National Academy of Family Law Attorneys is an organization devoted to recognizing the top family law attorneys in the nation. With over a million attorneys in the United States, choosing the best lawyer is difficult. However, through a stringent selection process, the NAFLA awards the best family law attorneys in each state with our most prestigious honor of being named “TOP 10”. The very few attorneys (less than 1%) that are good enough to make our list have demonstrated an extraordinary amount of knowledge, skill, experience, expertise and success in their practice of family law.

2020 Colorado Rising Stars List

We are proud to announce the selection of four of our attorneys, William Smith, Kathlyn Laraway, Ashley Balicki and David Kalisek, to the 2020 Colorado Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

2020 Super Lawyers List

We are proud to announce the selection of managing partner, Douglas Thomas to the 2020 Colorado Super Lawyers list. This is an exclusive list, recognizing no more than 5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

The National Association of Distinguished Counsel

The National Association of Distinguished Counsel is an organization dedicated to promoting the highest standards of legal excellence. By virtue of the incredible selectivity of our research process, only the elite few are invited to join the ranks of the NADC. Specifically, less than 1% of practicing attorneys in the United States are members of the “Nation’s Top Attorneys”.

Expertise – Best Child Support Lawyers in Denver

Expertise’s goal is to connect people with the best local experts. They score Denver Child Support Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

We bring a human approach to legal services.

Navigating the complexities of divorce in Colorado can be challenging, but At Divorce Matters®, our empathetic and experienced team of family law attorneys is dedicated to making the process as smooth and simple as possible. Here's what you can expect when you choose the best divorce lawyer team in Colorado:

We genuinely care for you and your well-being

We genuinely care for you and your well-being. We understand the emotional toll that divorce can take – your well-being is our top priority. Our team of divorce lawyers is committed to providing personalized support and guidance throughout the entire process.

Unmatched expertise in family law

When it comes to divorce, no one knows the intricacies and nuances better than Divorce Matters®. Our top divorce attorneys specialize in family law, making them well-equipped to handle even the most complex cases and unique situations.

Over a century of collective experience

You can trust that your case will be handled with the utmost professionalism and expertise. Our collective 100+ years of experience ensures that we have the knowledge and skills necessary to achieve favorable outcomes for our clients.

Strong core values

The best divorce lawyer embodies a strong set of values that guides their practice, which is what you can expect from Divorce Matters®. Our team has the integrity, tenacity, compassion, and excellence needed to ensure you receive the highest level of legal representation and unwavering support.

When you choose Divorce Matters® and hire the best divorce lawyer possible, you can expect expert legal counsel tailored to your needs. Every divorce is unique, and our skilled team is dedicated to providing personalized solutions. Let us be your trusted partner during this challenging time. To learn more about how Divorce Matters can assist you, please contact us to schedule your consultation.

Get In Touch

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Get In Touch

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Serving a location near you

Divorce Matters® offers three convenient office locations throughout Colorado in the Denver Tech Center, Fort Collins, and Colorado Springs. Though our attorneys are at these locations, they represent clients across Colorado, especially along the Front Range.

Custody

What is Custody?

Custody has been replaced with the term “parental responsibilities,” which encompasses both parenting time and decision-making.

Category: Child Custody

Understanding Marital vs. Separate Property

Types of Retirement Accounts and How They’re Divided

1. 401(k), 403(b), and Other Employer-Sponsored Plans

2. IRAs (Individual Retirement Accounts)

3. Pensions

Factors That Affect How Retirement Accounts Are Split

What About Early Withdrawals or Penalties?

Can You Negotiate to Keep Your Retirement?

Protecting Your Financial Future

What Is a Prenuptial Agreement?

What Is a Post-Nuptial Agreement?

Key Differences Between Prenuptial and Post-Nuptial Agreements

Why Couples Choose These Agreements

How to Create a Valid Agreement

When to Consider Revising an Agreement

How a Family Law Attorney Can Help

Take the Next Step

Understanding the Challenge: When Halloween Falls on a Weekday

Tip #1: Plan Ahead—Don’t Wait Until the Last Minute

Tip #2: Focus on the Kids’ Experience

Tip #3: Modify the Parenting Plan if Needed

Tip #4: Keep Communication Calm and Respectful

Tip #5: Create New Traditions

Keeping Halloween Fun—No Tricks, Just Treats

The Two Sides of Custody: Decision-Making and Parenting Time

How the Court Determines Custody

Understanding Visitation Rights

Creating a Parenting Plan That Works

Modifying Custody or Visitation Orders

Why Legal Help Matters

Final Thoughts

What Is Legal Separation?

Why Choose Legal Separation?

What Is Divorce?

Why Choose Divorce?

Key Differences Between Divorce and Legal Separation

How to Decide Between Divorce and Legal Separation

Legal Process for Divorce and Legal Separation in Colorado

Conclusion: Choosing the Right Path

What You Need to Know About Child Custody Colorado Laws

Divorce Matters® in Colorado Springs has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Overview

Parenting Time

Decision-Making

Searching for the Best Divorce Lawyer in Colorado Springs?

Why Choose Divorce Matters®?

Contact Divorce Matters® Today

Related Articles and Videos

Playlist

August 21st, 2020 – Ask An Attorney with Justin Oliver

Bringing a Human Approach to Legal Services

Get In Touch

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association • Arapahoe County Bar Association • Colorado Defense Lawyers Association • Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado • U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993 • B.A., New Mexico Highlands University, magna cum laude, 1989

Get In Touch

Justin J. Oliver

Lead Attorney

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association • Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014 • B.A., Sociology, Western State Colorado University, 2011

What You Need to Know About Child Custody Colorado Laws

Divorce Matters® in Fort Collins has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Overview

Parenting Time

Decision-Making

Searching for the Best Divorce Lawyer in Fort Collins, Colorado?

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

• Colorado
• U.S. District Court, Colorado

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

• Colorado
• U.S. District Court, Colorado

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011