Family Law

Colorado Springs Family Law Lawyer
Divorce · Legal Separation · Child Custody · Domestic Violence

At the Law Office of Michael J. Duncan, our Colorado Springs family law lawyers provide legal services to individuals or families living in Colorado Springs and to military personnel stationed throughout the U.S. and the world.

Divorce or Dissolution of Marriage
You and your spouse must live in Colorado for 90 days before you can file for divorce. If you are active military, stationed in Colorado but with another legal state of residence, Colorado courts will not have jurisdiction over your divorce case.  Contact our office to discuss your legal options with an experienced family law attorney.

In a divorce situation, decisions will be made regarding allocation of marital property, child custody and visitation (called “allocation of parental responsibility” in Colorado), child support and spousal maintenance (alimony). If the couple has debts, those will also be divided and we may refer you to a debt counselor for assistance.

Child support is awarded based upon Colorado Child Support Guidelines. Both child support and spousal support are considered based on a formula, but spousal support is not required; child support is mandatory (for children under 19).  

Divorce in Military Families
The Law Office of Michael J. Duncan handles the legal concerns of active duty military personnel and their families, including divorce and child custody cases. If your spouse has filed for divorce in Colorado, and you are stationed in another state or overseas, we can represent you or get a stay of proceedings under the Service Members Civil Relief Act until you have returned.

For people who are out of state or overseas it may be possible to handle court appearances by phone. We have helped clients to do just this when they did not want to delay divorce proceedings while stationed overseas.

In child custody cases, active duty service members face a considerable disadvantage. The court will look for a pattern of involvement between the child and the parent and if one parent is away—even for good reason—the other parent has an advantage in a custody battle. A custody evaluation is critical to your child custody case and you must be present for an evaluation. Contact a military divorce lawyer about ways to establish a pattern of participation in your child’s life even when you’re not at home.

While it is possible to ask for modifications of child custody orders after the fact, once you return home, it is more difficult. It’s worth it to fight the custody battle up front.

Domestic Violence
We handle many domestic violence cases for both civilian and military families. We aid victims of domestic violence in seeking restraining orders against their abusers. If you have been the victim of domestic violence, seek immediate help to find a safe living environment. The hotline for TESSA (Trust, Education, Safety, Support, Action) is (719) 633-1462. Contact our office to begin your journey to a safe and stable life.