Family Law

Family is the cornerstone of our lives, and disputes can deeply affect everyone involved. At Burke, Holguin, & Smith, P.C., we understand the challenges these issues bring. Our goal is to guide you through these difficult times, ensuring that the process is handled with care and aiming for the best possible outcome, paving the way for a brighter future.

Handling Every Aspect of Your Divorce

At Burke, Holguin, & Smith, P.C., we guide clients through all aspects of divorce, ensuring decisions are made in the best interests of both them and their children. We assist with creating parenting plans that address parenting time, decision-making responsibilities, and child support, calculated based on income, the number of children, and medical needs. We also support grandparents seeking visitation or parenting responsibilities, help with spousal maintenance decisions based on marriage length and financial resources, and ensure fair division of assets and property, including homes, vehicles, businesses, and retirement accounts. If necessary, we represent clients in court to achieve the best outcomes.

A woman is sitting on a couch holding a child.
A man is carrying a little girl on his shoulders.

Parenting Time


  • What happens to my children during and after a divorce?

    During and after a divorce, child custody is one of the most contentious issues. Whether you are married or not, you may need legal assistance to determine how to share parenting responsibilities and time with your children. A Grand Junction child custody attorney can help facilitate these decisions.

  • What is “parenting time and decision-making responsibilities”?

    In Colorado, child custody is referred to as “parenting time and decision-making responsibilities.” The state makes all decisions based on the best interests of the child, considering factors such as the primary caregiver, each parent’s living situation, available schools, and any history of domestic violence or substance abuse.

  • What is a Child and Family Investigator (CFI)?

    A CFI is a court-appointed investigator who may visit your home to help determine parenting time arrangements if you and your spouse or co-parent cannot agree. We can assist in understanding this process and how it may affect you.

  • What is a Parental Responsibility Evaluation (PRE)?

    A PRE examines your living situation and your relationship with your children. If the court orders a PRE, we can explain the process and its implications.

  • What is a parenting plan?

    A parenting plan addresses visitation and outlines the time your children will spend with each parent, including birthdays and holidays. It also covers decision-making responsibilities for the children. Our goal is to help you create a plan that maintains stability for your children.


    If negotiation or mediation fails, our experienced trial attorneys are prepared to represent you in court to achieve the best outcome for you and your family.

  • What if we cannot agree on a parenting plan?

    If negotiation or mediation fails, our experienced trial attorneys are prepared to represent you in court to achieve the best outcome for you and your family.

Child Support


  • Are both parents required to support their children after a divorce?

    Yes, state law requires both parents to support their children after a divorce. Unmarried parents must also establish child support to ensure their children are adequately cared for.

  • How can a Grand Junction child support attorney help me?

    A child support attorney can help determine the appropriate amount of child support that you, your spouse, or the child’s other parent will pay. They will guide you through the legal process and ensure all necessary information is gathered.

  • What factors are considered in calculating child support payments?

    Child support payments are calculated based on gross income, healthcare expenses, the number of nights the children spend with each parent, child care costs, and extraordinary expenses such as medical or educational needs.

  • How is the child support amount determined?

    We input information from the child support worksheets and the parenting plan into the child support calculator to determine the minimum amount that the custodial parent should receive. Any adjustments can be negotiated from this baseline.


    We assist in resolving disagreements through mediation or litigation and help with any necessary modifications to a child support order.

  • Can child support arrangements be modified?

    Yes, if there is a substantial change in circumstances (at least a 10 percent change), such as job loss or a significant salary increase, we can file a motion to modify the original court orders and recalculate the proposed support amount.

Asset & Property Division


  • Why do I need a property division attorney for my divorce?

    Dividing marital property can be combative and difficult. A Grand Junction property division attorney helps determine your fair share of marital property and ensures a just division.


    Our firm reviews both your and your spouse’s finances to determine what is considered marital property under Colorado law. We work with appraisers and business valuators to assess the value of assets and help ensure a fair division.

  • What is marital property?

    Marital property includes assets owned by both spouses during the marriage. This can include real estate, investment portfolios, businesses, antiques, and other valuables.

  • What if I suspect my spouse has hidden assets?

    If you suspect hidden assets, we will conduct a thorough search to uncover them and ensure they are included in the marital property to be divided.

  • How is the division handled if one spouse gave up a career to support the other?

    We work with experts to extrapolate the potential income of the spouse who gave up their career to determine what they are owed for their support.

  • What are the steps involved in property division?

    We start by discussing your financial situation and goals. We then review finances, determine marital property, and if necessary, engage appraisers and business valuators. Finally, we help negotiate a fair division of assets.

Give us a call and let's talk.

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