Ammarell Deasy, LLP Ammarell Deasy, LLP 2026-09-03T12:17:57Z https://www.adlawcolorado.com/feed/atom/ WordPress /wp-content/uploads/sites/1401909/2020/05/cropped-favicon-3-32x32.png On Behalf of Ammarell Deasy, LLP <![CDATA[Who gets a say in the child’s religious upbringing after divorce?]]> https://www.adlawcolorado.com/?p=50678 2026-09-03T12:17:57Z 2026-09-03T12:17:57Z Joint vs. sole decision-making According to Colorado law, if one parent has sole decision-making responsibility, they usually make the major choices about education, medical care and religion. However, when parents share joint decision-making power, they are typically expected to try and agree on these significant life choices together.

Religious freedom in co-parenting disputes

When co-parents completely disagree on religious matters, a judge may sometimes need to step in to evaluate the situation. But the law also protects each parent's First Amendment right to religious freedom. Because of this balance, a judge usually cannot interfere with a parent's right to freely share their faith with their child during their own parenting time.

When may a court restrict religious practices?

If you are insistent on restricting the other parent from making certain religious choices within your child custody arrangement, you have to provide clear evidence of a serious problem. The court generally should find that the specific religious practice would actively affect the child’s emotional development or physically expose him to dangers. Exposure to different religious beliefs, by itself, generally does not establish the type of harm that would justify restricting a parent's religious practices or decision-making authority.

Balancing faith and family dynamics

Co-parenting with two different religious beliefs takes a lot of patience and respect. In Colorado, courts do not want to choose one religion over another. Instead, judges usually focus on keeping your child safe and emotionally healthy. By understanding these legal rules and focusing on your child's overall well-being, parents can find a supportive way to move forward together.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[How does domestic violence affect spousal support in Colorado?]]> https://www.adlawcolorado.com/?p=50673 2026-09-02T08:29:26Z 2026-09-02T08:29:26Z Domestic violence can affect more than a spouse’s physical safety. It can also shape the financial circumstances surrounding a divorce. For example, an abusive spouse may control access to bank accounts, interfere with employment or use money to control household decisions. These actions can leave the other spouse with fewer financial resources when the marriage ends. In Colorado, courts may consider domestic violence when deciding whether to award spousal maintenance, how much to award and how long payments should continue. A recent change in state law makes this factor especially important in divorce cases involving abuse.

When abuse becomes a factor in spousal maintenance

Colorado law requires courts to consider several factors when deciding spousal maintenance. These include each spouse’s income, financial resources, employment, earning ability, the length of the marriage and the standard of living during the marriage. Since 2025, Colorado Senate Bill 25-116 (2025) also requires courts to consider whether one spouse engaged in:
  • Domestic violence or physical abuse
  • Coercive control or emotional abuse
  • Economic abuse
  • Litigation abuse
  • Unlawful sexual behavior
This does not mean that domestic violence automatically results in a higher maintenance award. Instead, the court can weigh the abuse alongside the other financial and personal circumstances in the case. For example, economic abuse may have limited one spouse’s access to money or prevented that spouse from maintaining employment. Those circumstances may be relevant when the court evaluates financial need and the ability to become self-supporting.

What this can mean for your case

Colorado law does not award spousal maintenance just to punish one spouse for bad behavior. However, a 2025 change in the law allows the court to consider certain types of abuse when deciding how much support to award and how long it should last. Keeping records of financial control, problems at work, protection orders or other signs of abuse can help show what happened during the marriage. Legal assistance can help you present this information along with the financial details the court needs to review.

A financial issue with serious consequences

Domestic violence can affect a spouse’s finances even after the relationship ends. For example, one spouse may have had limited access to money or may have been unable to work because of the abuse. These facts may matter when the court looks at income, property, employment and other factors when deciding spousal maintenance.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Can a business buyout change divorce property division?]]> https://www.adlawcolorado.com/?p=50656 2026-08-17T05:43:04Z 2026-08-17T05:43:04Z The buyout price may affect business value A business valuation often looks at the company’s financial records to estimate what an ownership interest is worth before a sale or transfer. A buyout adds another useful figure: the price an outside buyer agrees to pay. That price may not reflect the value of the ownership interest alone. The deal might also include debt, special rights or other terms that affect the total amount. Reviewing the full agreement could help show how much of the purchase price applies to the business interest being divided in your divorce.

Earnouts could complicate the final division

A buyer may not pay the full purchase price when the sale closes. Some deals include later payments based on future sales, profits or continued work. These payments are often called earnouts. An earnout may make the business harder to value if the final amount remains uncertain. Some earnouts depend on future business results, while others require the seller to keep working after the sale. In Colorado, the court may need to examine what each payment compensates and when the right to receive it arose. A payment earned through post-marital work may receive different treatment from a payment tied to the sale of a marital business interest.

Keep the buyout records organized

Handling a sale during divorce may add another layer to an already demanding property dispute. Detailed records could make the transaction easier to explain. Consider keeping the purchase agreement, later amendments and records that describe future payments. These documents may help show how the buyer calculated the price and what each payment covers as you get ready for settlement talks or court proceedings.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Will you be held liable for your spouse’s debt in a divorce?]]> https://www.adlawcolorado.com/?p=50601 2026-07-28T06:37:54Z 2026-07-28T06:37:54Z It might feel unfair to share a debt incurred by your spouse. But Colorado courts don't allocate financial liability strictly based on who signed the receipt or swiped the card. Here is how marital debt allocation actually works during a divorce. 

Marital vs. nonmarital debts

Colorado courts classify divorce-related debt into two categories: marital and nonmarital. The nonmarital debts are the responsibility of the spouse who accumulated them. Meanwhile, the marital debts are usually split between the spouses, following equitable distribution law. But how do you determine which category a debt falls into under Colorado family law?
  • Marital debt: Debt incurred during the course of marriage – such as mortgages, car loans or joint credit cards
  • Nonmarital debt: Debt taken on before marriage or acquired afterward for personal benefit
Understanding the difference between these categories can help you prevent unfair financial burdens when dividing property.

Are you completely free from risks?

In certain circumstances, the creditors might hold you solely liable for the marital debt. For instance, if your spouse declares bankruptcy, the creditors may come after you. Furthermore, in many Colorado divorce cases, there is a risk of the spouse disputing the classification of marital and nonmarital debts, attempting to get their personal debts under marital debts. 

How a legal guide may help

Grasping Colorado's marital debt laws can be helpful in protecting your financial future during a divorce. However, there is a lot at stake and the legal procedure can be incredibly complex. If you want to protect your interests and see that the court allocates the debts fairly, consider consulting with an attorney who can provide guidance tailored to your specific situation.]]> by Ammarell Deasy, LLP <![CDATA[How domestic violence impacts custody decisions in Colorado]]> https://www.adlawcolorado.com/?p=50599 2026-07-14T20:03:54Z 2026-07-14T20:03:54Z Why does domestic violence matter in custody decisions? Colorado courts allocate child custody based on the best interests of the child. When domestic violence is involved, concerns about the safety of the child and the abused parent can significantly affect the court’s decisions. The court may consider:
  • The child's safety: The court looks at whether the child can live in a safe, stable and healthy environment.
  • The risk of future harm: If the court finds an ongoing safety concern, it may consider conditions or restrictions intended to reduce that risk.
  • Parenting time and decision-making: A history of abuse may affect parenting time and the parent's ability to make important decisions about the child's education, healthcare and daily life.
  • The circumstances of the case: Every family is different. The court reviews the facts and evidence before deciding what arrangement best protects the child.
Because these cases often involve difficult legal issues, an experienced family law attorney can help present the evidence and work toward an outcome that protects the child's future.

What evidence can influence decisions about parental responsibilities?

Colorado courts may consider domestic violence in a custody case even if no criminal conviction exists. The court reviews reliable evidence to decide whether abuse may affect a child's safety and well-being. Evidence may include:
  • Police reports: Records of reported domestic violence incidents
  • Protection orders: Court orders that show safety concerns
  • Witness statements: Accounts from people who saw or heard abusive behavior
  • Medical records: Documents that show injuries related to abuse
  • Photos, videos or messages: Evidence that may show threats, violence or intimidation
  • Other records: Emails, call logs, school records or other documents that help show a pattern of abuse
The court also looks at how serious the abuse was, how often it happened and whether the child was harmed or exposed to violence. It considers these findings along with other custody factors to decide what serves the child's best interests.

Protecting what matters most

A custody order may settle a legal dispute, but protecting a child's well-being is an ongoing responsibility. As families move forward, new safety concerns or major changes at home may call for legal action. An experienced family law attorney can help address new challenges and work toward solutions that continue to put the child's best interests first.  ]]> On Behalf of Ammarell Deasy, LLP <![CDATA[The family home: Keep it, sell it or share it?]]> https://www.adlawcolorado.com/?p=50597 2026-07-02T14:44:13Z 2026-07-02T14:44:13Z The family home is more than just a marital asset Colorado follows the equitable distribution rule when dividing marital property. The court does not make an equal distribution, but rather makes a fair division of assets. While deciding how to divide the house, the court may consider:
  • Financial condition of both spouses
  • Overall division of marital property
  • Each spouse’s contribution to the marital property
  • Future need of the family
This means the decision about the family home depends on the needs of each spouse.

Deciding what to do with the family home

No single solution works for every family. There are many options for the spouses on what they can do with the family home. In some cases, one spouse may decide to keep the home and refinance the mortgage. Other couples may decide to sell the house and divide the proceeds. Some families may choose to keep the home jointly for a period of time before selling it, giving them more flexibility to plan for the future. The right option depends on the financial condition, future plans and the ability to maintain the property in the long run.

Can children affect the discussion?

If the divorcing couple has children, their needs might influence what happens to the family home. In some situations, parents might decide that one spouse should remain in the home for a period of time to provide stability when considering whether keeping the home is financially realistic.

Making a decision for the future

For many, a family home may have an emotional meaning, but it also has many expenses, such as mortgage and maintenance costs. Looking at the bigger picture can help the family make an informed decision that supports their future after divorce. Understanding the available options can help the family move on in their life with more clarity.  ]]> On Behalf of Ammarell Deasy, LLP <![CDATA[How is spousal maintenance calculated in Colorado?]]> https://www.adlawcolorado.com/?p=50591 2026-06-22T13:05:02Z 2026-06-24T13:03:26Z The prerequisites for spousal maintenance Not every divorcing couple qualifies for alimony. Before the formula is even pulled out, your marital circumstances must meet specific statutory boundaries. Your combined annual adjusted gross income (AGI) must be $240,000 or less. Additionally, your marriage must be at least 36 months to be eligible. If your case falls outside these lines, the judge uses pure discretion based on statutory lifestyle and need factors.

The amount formula

In Colorado, the court computes 40% of the higher earner’s income and subtracts half of the lower earner’s income from it to get a starting amount for support. Based on updated federal tax laws, Colorado uses a 75% or 80% multiplier on the base amount since alimony is paid with after-tax money. The final amount also cannot make the recipient’s income more than 40% of the couple’s combined income.

The duration of alimony

In Colorado, the length of maintenance is usually based on the length of the marriage. For shorter marriages, it generally falls somewhere between 31% and 50% of the time you were married. The formula typically reaches its limit at marriages of about 12.5 years. If your marriage lasted more than 20 years, courts often disregard the formula and may award long-term or even indefinite support instead.

Protecting your financial future

While the formula provides a guideline for determining spousal maintenance, judges can make changes based on health issues, asset distribution or earning capacity. A lawyer can evaluate your case to help better position you for a favorable outcome.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Is legal separation different from divorce in Colorado?]]> https://www.adlawcolorado.com/?p=50595 2026-06-24T07:13:55Z 2026-06-24T07:13:55Z How does the law define separation and divorce? Legal separation and divorce in Colorado follow nearly the same court process. Both require at least one spouse to have lived in the state with the intent to make it a permanent home for a minimum of 91 days before filing. If the case involves child custody, the children must have lived in the state for at least 182 days. The main difference lies in the result. A divorce ends the marriage, while a legal separation does not. A separation resolves the same financial and parental concerns, but the marriage stays intact, meaning neither spouse may remarry.

What happens to property, parenting and support?

Colorado courts apply identical framework to divide marital property in both cases. The court distributes assets and debts in a manner it considers fair, based on factors such as each spouse's income and contributions to the marriage. A fair distribution does not always result in an equal one. Parental responsibilities, the term state law uses in place of custody, are also addressed similarly in both proceedings. The court will establish a parenting plan that covers decision-making authority, a time-sharing schedule and child support obligations based on each parent's income and the needs of the children. Where the two options differ is in benefits tied to marital status. Spouses who are legally separated may keep their inheritance rights, and some health plans or government and military benefit programs may allow ongoing coverage under a separation decree. A divorce typically ends access to those spousal benefits.

Why do some choose legal separation?

Religious or moral beliefs are among the most common reasons. Some faith traditions oppose divorce, and a legal separation lets spouses live apart and settle their legal affairs without ending the marriage. Financial considerations can also be a factor. Maintaining access to certain benefit programs or specific health plans is one reason some couples pursue separation. Additionally, some couples see separation as a chance to step back and reflect. Because the marriage remains intact, the door stays open for a future return to the relationship without having to remarry.

How do you convert a separation into a divorce?

State law allows either spouse to convert a legal separation into a divorce after six months have passed from the date of the separation decree. This requires filing a motion with the court, and in most cases, the terms from the separation carry over into the divorce decree. This step does not require the consent of both spouses. Either party may initiate the conversion, and the court will generally issue a dissolution without requiring the couple to relitigate property, support or parenting issues that were already resolved.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Protecting your special needs child’s routine in Denver]]> https://www.adlawcolorado.com/?p=50589 2026-06-16T06:02:21Z 2026-06-16T06:02:21Z Protect the vital parts of your child's routine Parents may benefit from identifying the specific services, schedules and supports their child relies on each day, including:
  • Therapy and medical appointments
  • School and transportation schedules
  • Medication schedules
  • Sensory or behavioral supports
  • Communication between caregivers
Knowing which routines matter most, along with important support services, can help parents focus on the areas that need the most attention.

Build your child's needs into a parenting plan

Colorado courts focus on the best interests of the child when making decisions about the allocation of parental responsibilities. For children with special needs, parents may need to discuss more than where the child will live. A parenting plan can address therapy schedules, medical care, school support and daily routines. Clear expectations can help both households work together and reduce confusion for the child.

Update arrangements as your child's needs change

A child's needs may change over time. New therapies, educational programs or medical treatments can create new demands for parents and caregivers. Reviewing existing arrangements periodically may help ensure they continue to reflect the child's current needs.

Creating a plan that fits your child

No two families face exactly the same challenges during a divorce. Taking time to address medical care, education, therapy and other day-to-day needs can help parents create arrangements that reflect their child's unique circumstances both now and in the future.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[4 ways to reduce disputes with a high-conflict co-parent]]> https://www.adlawcolorado.com/?p=50587 2026-05-26T09:41:03Z 2026-05-26T09:41:03Z Follow your parenting plan strictly Colorado courts enforce detailed parenting plans for a reason. These plans list schedules, decision-making authority and exchange procedures. When you follow the plan, you prevent room for disagreement. If your current plan does not cover certain situations, you may need to ask the court for a modification. Generally, you must show a major change in conditions that affects your child's well-being.

Keep communication brief and focused

Limit interactions to discussions about the children's health, education and schedules. When doing so, it may help to communicate calmly and clearly. Avoid sharing personal information or responding to hostile comments. Many parents find success using written communication through email or co-parenting apps. This can help create a record of all exchanges. It can also give you time to respond carefully rather than react with emotion.

Use neutral exchange locations

When doing custody exchanges, it may be helpful to choose public locations. Such as parks, police station parking lots or school drop-offs. These settings may prevent confrontational behavior and provide witnesses if conflict happens. Some Colorado counties also offer supervised exchange programs through family court services. Neutral locations can help create boundaries. When you remove the personal part from exchanges, you help move your children safely between homes.

Regularly gather documentation

Keep records of all communications, especially if there is a conflict. Document when your co-parent arrives late for exchanges or misses scheduled parenting time. This information can help if you need to return to court for enforcement or modification of orders. Organized documentation helps present clear proof of ongoing issues.

Preventing disputes from escalating

Co-parenting with a high-conflict person often needs firm boundaries. Colorado law provides various ways to address co-parenting conflicts when they arise. Taking measures early can prevent larger problems down the road and help ensure your parenting time remains protected.]]>