
Family Law
Divorce and Legal Separation: Understanding Your Options
At Halcyon Legal, we understand that ending a marriage is never easy. Whether you're considering divorce or a legal separation, our experienced family law attorneys are here to guide you through every step of the process with compassion, clarity, and strong legal support.
Divorce
A divorce legally ends a marriage. It involves resolving important issues such as:
Division of property and debts
Child custody and parenting plans
Child and spousal support (alimony)
Restoration of a former name (if requested)
Once finalized, both parties are free to remarry. Our goal is to ensure your rights are protected while helping you reach fair, lasting agreements—whether through negotiation, mediation, or litigation.
Legal Separation
Legal separation allows couples to live apart and divide responsibilities without officially ending the marriage. It can address the same issues as divorce—such as asset division and child custody—but the couple remains legally married.
Legal separation might be the right choice for:
Couples needing time apart without dissolving the marriage
Those who wish to retain marital status for religious, financial, or personal reasons
Partners seeking a structured agreement during a trial separation
Which Path Is Right for You?
Every situation is unique. Whether you’re navigating complex finances, shared parenting responsibilities, or simply unsure about your next step, we’re here to help you make informed, empowered decisions.
📞 Contact us today to schedule a confidential consultation with one of our family law attorneys.
Allocation of Parental Responsibilities (Custody and Parenting Time)
Allocation of Parental Responsibilities
When parents separate or divorce, one of the most important—and often most emotional—issues to resolve is how to care for and make decisions about their children. At Halcyon Legal, we’re committed to helping you navigate this process with sensitivity, skill, and a focus on what matters most: your child’s well-being.
What Is Allocation of Parental Responsibilities?
In many states, including Colorado, the term "custody" has been replaced with Allocation of Parental Responsibilities. This legal framework divides parenting into two key areas:
Decision-Making Responsibility
This refers to who has the authority to make important decisions for the child in areas like education, healthcare, religion, and extracurricular activities.Parenting Time (Physical Custody)
This outlines the schedule of when the child will be with each parent, including weekdays, weekends, holidays, and school breaks.
Depending on your family’s circumstances, responsibilities can be shared jointly, or one parent may be granted primary authority in certain areas.
What the Court Considers
Courts always prioritize the best interests of the child. Factors they consider may include:
The child’s needs and wishes (depending on age and maturity)
The parents’ ability to cooperate and make decisions together
The mental and physical health of everyone involved
The child’s adjustment to home, school, and community
Any history of abuse or neglect
Creating a Parenting Plan
Parents are encouraged to work together to create a detailed parenting plan that reflects their child’s needs and routines. If an agreement can’t be reached, the court will step in and make a determination based on evidence presented.
Compassionate Advocacy for You and Your Children
Whether you're seeking to establish parental responsibilities, modify an existing order, or address enforcement issues, our experienced attorneys are here to advocate for you and your child every step of the way.
📞 Contact us today to schedule a consultation and take the next step toward clarity and peace of mind.
Marital Agreements (Prenuptial & Postnuptial Agreements)
Whether you are preparing for marriage or already married, a marital agreement—commonly known as a prenuptial (prenup) or postnuptial agreement—can provide clarity, security, and peace of mind. In Colorado, these agreements are governed by the Colorado Marital Agreements Act (C.R.S. § 14-2-301 et seq.), and they must meet specific legal requirements to be valid and enforceable.
At Halcyon Legal, we provide trusted legal representation in the drafting, review, negotiation, and enforcement of marital agreements. Whether you are seeking to protect assets, define financial responsibilities, or avoid future disputes, our experienced attorneys ensure your interests are protected and your agreement complies with Colorado law.
Types of Marital Agreements:
Prenuptial Agreements (Prenups): Entered into before marriage, these agreements set out how assets, debts, spousal maintenance, and other financial matters will be handled in the event of divorce or death.
Postnuptial Agreements: Similar to prenups, but created after a couple is already married, often in response to significant life changes such as the birth of a child, a business venture, or a reconciliation.
Key Legal Requirements in Colorado:
For a marital agreement to be enforceable under Colorado law:
The agreement must be in writing and signed voluntarily by both parties.
Each party must provide fair and reasonable disclosure of their assets and financial obligations, unless waived in writing.
The agreement must not be unconscionable at the time of enforcement.
Each party should ideally have the opportunity to consult independent legal counsel before signing.
Courts in Colorado will scrutinize marital agreements carefully, especially when it comes to waiving spousal maintenance or significant financial rights. Having skilled legal representation helps ensure your agreement is not only fair, but also legally enforceable.
Our Services Include:
Drafting customized prenuptial and postnuptial agreements
Reviewing and negotiating terms on your behalf
Advising on enforceability and legal implications
Representing clients in disputes over existing marital agreements
Whether you're entering a new marriage or looking to formalize expectations within an existing one, a well-drafted marital agreement can serve as a valuable tool for protecting your future and minimizing conflict.
Child Support
When parents separate or divorce, ensuring that children continue to receive the financial support they need is a top priority. At Halcyon Legal, we help clients understand their rights and obligations when it comes to child support, always with the best interests of the child in mind.
What Is Child Support?
Child support is a court-ordered financial payment made by one parent to the other to help cover the costs of raising a child. This includes expenses related to:
Food, clothing, and housing
Health insurance and medical care
Educational needs
Childcare
Extracurricular activities
Child support is designed to ensure that a child maintains a stable and consistent standard of living, no matter which parent they are with.
How Is Child Support Calculated?
Each state has its own guidelines for calculating child support, but common factors include:
Each parent’s income
The number of children involved
Parenting time or custody arrangement
Health insurance and childcare costs
Special needs or additional expenses
We can help you understand how these guidelines apply in your specific case and advocate for a fair and accurate support amount.
Modifying or Enforcing Child Support
Circumstances change. If you need to modify an existing child support order due to a change in income, employment, or your child’s needs, we can help you petition the court.
We also assist with enforcement if the other parent is not meeting their financial obligations. Your child deserves consistent support, and we’re here to ensure they receive it.
Trusted Guidance, Every Step of the Way
Whether you’re seeking to establish, modify, or enforce child support, you don’t have to navigate the system alone. Our experienced family law attorneys are here to protect your child’s future—and your peace of mind.
📞 Contact us today to schedule a confidential consultation and get the guidance you need.
Modification of Parenting Time, Decision-Making and Child Support Orders
As families grow and change, the legal arrangements established during a divorce or custody case may no longer meet a child’s or parent’s evolving needs. At Halcyon Legal, we help clients navigate modifications to existing court orders related to parenting time, decision-making responsibilities, and child support.
Parenting Time Modifications
Parenting time (formerly known as visitation) refers to the schedule that determines when each parent spends time with the child. Life changes such as relocation, changes in a child’s school or health needs, or a parent’s work schedule can make a modification necessary. Courts consider whether the requested change is in the child’s best interests and whether there has been a substantial change in circumstances.
Decision-Making Responsibilities
Legal decision-making (formerly known as legal custody) covers choices about a child’s education, healthcare, religion, and general welfare. When co-parents can no longer effectively share these responsibilities, or if a parent’s situation has changed (e.g., substance abuse, mental health concerns, or absence), a court may modify the allocation of decision-making authority.
Child Support Modifications
Child support orders may be modified when there is a significant change in either parent’s financial situation or in the needs of the child. Common reasons include:
A job loss or substantial income change
A change in parenting time that alters financial responsibilities
Increased needs of the child (e.g., medical, educational)
We assist parents in both seeking and responding to modification requests, always with the goal of protecting the child’s wellbeing and ensuring fair treatment for all parties.
If you're experiencing a change in circumstances and need to revisit your current court orders, our experienced family law attorneys can help you evaluate your options and pursue the appropriate legal path.
Common Law Marriage
Colorado is one of the few states that still recognizes common law marriage, a legally binding union that does not require a marriage license or formal ceremony. Determining whether a common law marriage exists can have serious implications in matters such as property division, spousal support, and inheritance.
At Halcyon Legal, we represent individuals seeking to establish, dispute, or dissolve a common law marriage. These cases are fact-specific and often complex, and our attorneys have the experience to guide you through the legal process with clarity and confidence.
What Is Common Law Marriage in Colorado?
Under Colorado law, a common law marriage exists when two people:
Mutually consent to be married, and
Hold themselves out to the public as a married couple
Unlike traditional marriages, there is no single document or event that proves a common law marriage. Instead, courts look at a combination of factors to determine whether a marriage existed, including:
Whether the couple referred to each other as spouses
Shared finances or joint tax filings
Use of the same last name
Joint ownership of property or accounts
Public conduct reflecting a marital relationship
In 2021, the Colorado Supreme Court updated the standard to focus more on the couple’s intent and mutual agreement to enter into a marital relationship, not just cohabitation or shared finances.
Why Legal Representation Matters
Disputes over common law marriage often arise during separation, probate, or estate matters. Establishing the existence of a common law marriage can:
Entitle a partner to equitable division of marital property
Create eligibility for spousal maintenance (alimony)
Impact inheritance rights if one partner dies without a will
Conversely, disputing a claim of common law marriage may be necessary to protect individual assets or legal standing.
Our attorneys provide skilled representation in all aspects of common law marriage, including:
Filing or defending against a petition to establish marriage
Divorce and property division for common law spouses
Post-death claims involving common law marriage
Legal advice for couples unsure about their marital status
If you are facing a legal issue involving common law marriage, our team at Halcyon Legal can help you understand your rights and develop a strategy to protect your future.
Step-parent and Second Parent Adoptions
Adoption is a powerful way to legally affirm the bond between a child and a loving parental figure. In stepparent and second-parent adoptions, the goal is often to provide legal stability for a relationship that already exists in the child’s everyday life.
Stepparent Adoption
When a stepparent wishes to adopt their spouse’s child, the legal process allows them to assume full parental rights and responsibilities. This type of adoption is often more streamlined than other forms, but it still involves key legal steps:
Consent from the noncustodial parent, if they retain parental rights. In some cases, this may involve a termination of parental rights if the parent is absent or unwilling.
Home evaluations or background checks, depending on state requirements.
Court approval, where a judge will finalize the adoption if it’s deemed in the child’s best interest.
Second-Parent Adoption
Second-parent adoption allows a non-biological parent—often in a same-sex or unmarried couple—to adopt their partner’s biological or adopted child without terminating the first parent’s rights. This provides both parents with full legal recognition and shared rights regarding the child’s care and upbringing.
These adoptions are essential for:
Securing parental rights in medical, educational, and legal matters
Ensuring inheritance and custody rights
Creating legal protection in the event of a relationship breakdown or the death of a parent
At Halcyon Legal, we understand that every family is unique. Our team provides personalized legal support to ensure the adoption process is smooth, respectful, and focused on the child’s best interests. Whether you’re a stepparent ready to take the next step or a parent seeking legal recognition for your partner, we’re here to guide you through every stage.
Mediation
Divorce and family disputes can be emotionally and financially draining when handled through litigation. Mediation offers an alternative path—one that promotes cooperation, saves time and money, and empowers families to create solutions tailored to their unique needs.
At Halcyon Legal, we offer family law mediation services designed to help individuals resolve disputes respectfully and efficiently, outside the courtroom. Whether you are navigating divorce, parenting time, child support, or other family-related matters, mediation can provide a constructive environment to reach agreements.
What Is Mediation?
Mediation is a voluntary and confidential process in which a neutral third party (the mediator) helps the parties communicate, explore options, and reach mutually acceptable resolutions. The mediator does not make decisions for the parties but facilitates dialogue and helps clarify priorities and legal considerations.
Common Issues Resolved in Mediation:
Parenting time and decision-making responsibilities
Division of marital assets and debts
Spousal maintenance (alimony)
Child support
Post-decree modifications
Why Choose Mediation?
Cost-Effective: Generally far less expensive than going to court
Faster Resolution: Avoid long delays associated with litigation
Greater Control: You and the other party make the final decisions—not a judge
Private & Confidential: Keeps sensitive family matters out of the public record
Child-Focused: Encourages cooperative parenting solutions that support the child’s best interests
Mediation in Colorado Family Law
In Colorado, courts require mediation before a contested hearing in family law cases. Mediation is strongly encouraged because it often leads to more durable, personalized agreements. Our mediators are experienced in Colorado domestic relations law and work closely with both parties—individually or together—to help find common ground.
Whether you're just starting the divorce process or returning to court for a modification, our mediation services can help you move forward with dignity, clarity, and a focus on resolution.
Enforcement of Parenting Time Orders
When a court issues a parenting time order, both parents are legally obligated to follow it. Unfortunately, disputes sometimes arise when one parent denies, interferes with, or fails to comply with the agreed-upon schedule. In these situations, enforcement of parenting time may become necessary to protect a parent’s rights and promote stability for the child.
At Halcyon Legal, we help clients enforce court-ordered parenting time when informal solutions have failed. Whether you're being denied time with your child or accused of violating an order, we provide strategic legal support to ensure your voice is heard and your rights are upheld.
Common Enforcement Issues:
One parent refusing to allow scheduled parenting time
Repeated lateness or last-minute cancellations
Interference with communication between the child and the other parent
Withholding parenting time as a response to unpaid child support (which is not legally permitted)
Legal Remedies May Include:
Filing a motion to enforce parenting time in court
Seeking make-up parenting time for missed visits
Requesting modification of the current parenting plan if violations are ongoing
Asking the court to impose sanctions or fines for noncompliance
Our goal is to resolve conflicts quickly and effectively while keeping the focus on the best interests of the child. In many cases, a firm legal response can restore cooperation and help parents return to a more stable, respectful co-parenting relationship.
If you're struggling with parenting time violations or have been accused of noncompliance, our experienced family law attorneys are here to protect your rights and guide you through the enforcement process.
Restriction of Parenting Time
Colorado family courts prioritize the best interests of the child in all parenting time decisions. While the law encourages ongoing relationships with both parents, there are situations where a parent’s conduct may pose a threat to the child’s physical or emotional well-being. In such cases, a court may restrict parenting time under C.R.S. § 14-10-129(4).
At Halcyon Legal, we represent clients seeking to restrict parenting time to protect their children, as well as parents who are facing allegations that could result in unjustified restrictions. These matters are complex and emotionally charged, and we are committed to handling them with the utmost care and skill.
When Parenting Time May Be Restricted
Under Colorado law, a court must restrict parenting time if it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development. This may arise in situations involving:
Domestic violence or abuse
Substance abuse that affects the ability to safely parent
Severe mental health issues
Criminal behavior or arrest
Repeated, willful violations of existing parenting orders
Types of Court-Ordered Restrictions
If the court determines that restriction is necessary, it may impose conditions such as:
Supervised parenting time with a professional supervisor or approved third party
No overnight visits
Temporary suspension of parenting time
Requirement to complete counseling, substance abuse treatment, or parenting classes before reinstatement of full parenting time
These restrictions are designed to be protective, not punitive, and can often be revisited as circumstances change and improvements are demonstrated.
Filing a Motion to Restrict Parenting Time
Colorado allows a parent to file an emergency motion to restrict parenting time if they believe the other parent poses an imminent danger to the child. If granted, the court can immediately suspend the other parent’s time and hold a hearing within 14 days, as required by statute.
At Halcyon Legal, we help clients file and respond to motions under strict deadlines, present compelling evidence in court, and advocate for safe, appropriate parenting arrangements that reflect the best interests of the child.
If you're concerned about your child's safety during parenting time—or need to defend your rights against restriction—we are here to help you navigate the legal process with clarity, compassion, and experience.
Unbundled or Limited Scope Representation
Unbundled legal services—also known as limited scope representation—allow you to hire an attorney for specific parts of your family law case, rather than for full representation. This can be a more affordable and flexible option for individuals navigating divorce, child custody, support modifications, or other family law matters in Colorado.
With limited scope representation, you can choose the legal tasks where you need the most help—such as preparing court documents, providing legal advice, or representing you at a single hearing—while handling the rest of the case on your own. Colorado courts permit and encourage this approach to improve access to legal services.
Unbundled services offer a cost-effective way to get professional support while maintaining control over your case. If you're unsure which parts of your case require legal guidance, we can help you evaluate your needs and develop a tailored plan.
Family Law Legal Team
Meet the team
We are committed to helping people navigate some of life's most difficult challenges in family law. We offer affordable legal services, without compromising legal expertise and dedication to our clients.