Modifications

Colorado family law Courts are courts of equity; they attempt to establish and utilize procedures that are considered fair and equitable to both parties, and make decisions that they believe are equitable, not necessarily equal.

While it is quite often advisable for parties to attempt to resolve their differences without the intervention of the Court, when matters are presented to the Court, the Court is generally asked to make long-lasting decisions which impact major life decisions of the parties.

Not all future circumstances can be contemplated at the beginning of a divorce, or at the time of the entry of a decree. Depending on your situation, you may have a decree or portion of a decree which is subject to being modified, whether as to spousal maintenance (alimony), property division (generally only for fraud or mistake; may be contracted for), parental responsibilities (parenting time or decision making) or child support.

If your decree of dissolution of marriage or legal separation does not preclude the modification of spousal maintenance, a change in circumstances which is substantial and continuing, which was not known to the Court at the time of the entry of the prior Support Order, and which result in the prior Support Order being unconscionable or unfair, is something which the Court may modify.

As noted, absent agreement, property division provisions in a decree of dissolution of marriage or legal separation generally are not modifiable. Some exceptions exist, such as for fraud and mistake. As there are time limitations within which such potential modifications can be considered by a Court, you should consult counsel when you first learn of the potential fraud or mistake.

Modification issues pertaining to children, whether parental responsibilities or child support, absent agreements in the best interests of the child(ren), are generally based on statutory guidelines or criteria.

If circumstances have changed since the time of your decree or last operative orders, Contact Us so that we may assist you in determining your legal rights and remedies.