Do I Need To Go To Court To Get A Divorce?

If you are considering divorce, you may feel daunted by the legal process. You may even begin to feel anxiety when you start to consider the cost and time court proceedings may require, and the loss of control over the outcome of your case when a judge is calling the shots. However, court is not inevitable, and it isn’t the only solution for divorce proceedings.  

Mediation is one of the options available to you if you want to avoid court and is usually ordered by most Colorado judges before parties will even be able to proceed to trial. Mediation is a process in which a neutral third party, called a mediator, is hired to resolve the case. This process will ensure that both parties have a say in the results and that the outcome is balanced and fair to all parties involved. Additionally, the process is more streamlined, less expensive, and more private than court proceedings would be. If you and your spouse and the mediator can come to an agreement, the agreement will be written into a Memoriam of Understanding, which is then signed by the court. After the Memoriam is signed, it will be incorporated into a more formal and detailed Separation Agreement.   

Arbitration is another possible option to avoid court. Arbitration, just like mediation, is a more private and efficient alternative to court. Both parties need to agree to arbitration before it begins, otherwise, arbitration cannot be ordered. A professional, called an arbiter, will be presented with all the facts and make a final decision in the case. Arbitration is more like court, with the arbiter acting as a sort of judge, however, the process is less public, less expensive, and less time-consuming. Arbitration also offers a more relaxed environment for each party to present their side of the story. After the arbiter has made a final decision, court is no longer an option, as the arbiter’s decision is valid and enforceable by the court.  

Court is more costly than either arbitration or mediation because it will require more of your attorney’s time. This can be especially true if proceedings are contentious and are dragged out. In addition to the cost, you lose the ability to make decisions in your own case. Once the case goes to court, the decision is in the judge’s hands, whether it be a divorce, a child custody issue, or a post-decree issue. Mediation and arbitration allow the involved parties to retain some control and negotiate with the other party. While it is ideal to have more control and keep the case outside of court, it is sometimes unavoidable if you and your spouse cannot come to an agreement. In this case, it is especially important to have a capable and competent attorney by your side to walk you through the court process and tenaciously represent your interests in court.  

In the end, it is possible to avoid court if you and your spouse can come to an agreement on your own or in mediation or arbitration. All three options are less costly, more efficient, and allow you more control over your own situation than if you take proceedings to court. To decide on the best option for you and your circumstances, it is recommended you hire a strong and capable attorney to advise you on your choices and the details of those choices. The right attorney will also help guide you through the entire process no matter what choice you make, whether that be inside or outside the courtroom.  

 

How Much Will A Divorce Cost Me?

Contrary to popular belief, divorce does not always have to be expensive. One of the biggest influencing factors in the cost of a divorce is the complexity of your specific case. These complexities come in a few different forms, and each essentially affects how much time needs to be spent on a particular case and therefore how expensive that case will be. Some of these things will be within your control, and others won’t – this is why it is important to reach out and schedule an initial consultation with an attorney. In your initial consultation, our attorneys can go over your specific set of circumstances with you, and they will be able to give you an idea of what your specific case might cost and how to manage those costs.

 

What will affect the cost of my divorce?

 

As mentioned, there are several main determining factors that will affect the total cost of your divorce. Some of these include:

  1. The amount of assets involved
  2. Whether or not you have children
  3. How contentious (think conflict) your case is

These factors all increase the complexity of your case and therefore increase the total cost.

How you can keep the cost down?

 

There are a few ways you can help keep the cost down in your case. The most popular way is to utilize our unbundled legal services, which involves having an attorney help with one specific aspect of your case, such as drafting and reviewing documents for you, offering coaching or legal advice, or communicating with other parties, opposing counsel, and the courts. However, this option is not always a good fit, especially if your case has any of the factors listed above that tend to increase costs. Another way to keep costs down is to work on coming to an amicable agreement with your ex through mediation or arbitration. This will save time and money on going to court and is often easier on your emotional well-being in the end as well.

 

Every case is different, so it important to speak with an attorney to get a better idea of how much your specific situation will cost and what your options might be. Contact Divorce Matters today to set up an initial consultation with one of our many experienced attorneys who can help put you and your family on the path to a successful future after divorce.

What Can I Expect From An Initial Consultation With a Divorce Attorney?

What is an Initial Consultation? 

An initial consultation is your first meeting with your attorney in order to go over your case and see if that attorney would be the right person to represent you. It is a time for you to bring up any questions you have for them, get to know each other’s personalities, and see what strategies you could use moving forward. One thing to note, the attorney cannot give any legal advice in an initial consultation because you are not yet under a legal contract. If you move forward with hiring an attorney, then the attorney will be able to provide you with legal advice in your case.

Why is it beneficial for me?  

An initial consultation is beneficial because it gives you a chance to gain a better grasp on how to proceed with your divorce. You will be able to see if the attorney is a good fit for you and your situation, as well as talk about how much their services will cost. It is important to gather this information before hiring an attorney so that you are represented exactly the way you need and receive the best outcome for you and your family.  

 

What does the process after my Initial Consultation look like? 

After you have had your initial consultation and you choose to hire an attorney you will be sent a contract. Once that is signed and any retainer fees are paid, the attorney can dive into your case immediately no matter where you are at in the process. You will get their contact information, as well as their paralegal’s information, so you can begin working together. Our attorneys focus heavily on great communication with their clients, so you will never feel ignored or in the dark throughout the process. The divorce process doesn’t happen overnight, but once you have hired one of our excellent attorneys, you will be taken care of and supported every step of the way!  

Take a look at our team’s page to get to know our experienced attorneys. If you would like to set up an initial consultation with one of them, contact us today!

I’m Not Sure I Can Afford An Attorney To Represent Me, Are There Any Other Options?

We understand cost can be a major concern for people when it comes to getting a divorce and hiring an attorney. At Divorce Matters we offer unbundled legal services or limited-scope representation, a type of service that may be able to keep costs down if it is the right fit for your specific case.

 

What are Unbundled Legal Services?

 

We like to describe unbundled legal services as a la carte legal services. Instead of hiring an attorney for full-scope representation, you can hire them to handle specific parts of your case or give advice on an as-needed basis. Some examples of unbundled services include document drafting/review, consulting and coaching, or review of settlement offers. Some cases only need limited help from an attorney and in these cases unbundled legal service can be one way to keep costs down.

 

Difference between full-scope representation and Unbundled Legal Services

 

Full scope representation is probably what you think of when you think of hiring an attorney traditionally. With full representation your attorney will be there with you throughout the entire divorce process, handling all paperwork, court preparations, scheduling any court appearances and mediations, and representing you at every step. With unbundled services or limited scope representation, you are only hiring an attorney for a specific aspect of your case that you need help with.

 

How to decide which service is best for you

 

Every case is different which is why we offer both traditional full scope representation and unbundled legal services. If you only have a few questions about your case or you just need help drafting a document, then unbundled services might be the best option for you and can certainly help keep costs down. If your case is more complex and/or contested then it might be more beneficial for you to consider full representation.

 

In order to figure out which services fit your situation best, contact us today to speak with one of our many experienced attorneys.

This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over as soon as possible so they can move on with their lives. This inevitably leads everyone to ask “how long will it be until I am officially divorced from my spouse?” A great place to start is our Divorce Timeline, which can be found under the Tools tab on our website. However, we also want to give a more general overview of how long the process might take. The specific circumstances and complexity of your case will determine the timeline, but overall, this is what you can expect the process to look like.

 

When You First File-

 

Once you have filed a Petition for Dissolution of Marriage with the courts in your county, your spouse must be personally served.  Learn more about what to do if you are the one being served divorce papers.

Once your spouse is served, he or she has 21 days (35 for out of state) to file a response. If you and your spouse both want the divorce and sign a petition jointly, the Service/Response step can be ignored. Your spouse may also agree to waive service if you do not file jointly. Just because you sign jointly does not mean the process is complete, and you will still need to follow the rest of the requirements in the process.

 

Once Your Ex Is Served-

 

You have 42 days after the date of filing to set up an initial status conference with the court and submit your financial disclosures. The initial status conference is your first court appearance and is an informal way for both parties and the Court to get on the same page about dates and deadlines in your case. It depends on the county and jurisdiction that you are in as to whether they will schedule a time for your initial status conference automatically once you file, or if you or your attorney have to reach out to the court to schedule your own. The timing for this solely depends on your county’s court and its timeline. You also will need to have your financial disclosures submitted within that 42-day deadline as well.

 

After Initial Status Conference-

 

You have the option to file for Temporary Orders, which is only necessary if there is an immediate conflict that must be addressed while your case is ongoing. Temporary Orders can help with decision making, child support or spousal support, or who will live in the marital residence during the divorce process. Temporary orders will be replaced by permanent orders at the end of your case. A temporary orders hearing, which is a separate court date, must be set to decide this and it will extend your case.

 

Once you’ve had your initial status conference, you and your spouse are then required to attend mediation by the state of Colorado. Everyone who files for divorce in Colorado must attend mediation, with a few exceptions. In rare cases where the parties agree to every issue, it is possible to skip mediation, which would shorten your case. Additionally, you may request mediation be waived in cases of domestic violence.

 

Mediation-

 

Mediation is a formal settlement conference where the mediator (whom you hire) assists in trying to reach a full agreement between you and your ex. If mediation is successful, you will leave with a signed or partial settlement agreement. Then your attorneys draft the final agreements and file the documents with the court.

 

If mediation is not successful, you must either come up with a settlement or prepare to go to trial. If you need to go to trial, this must be scheduled with the court and the timing completely depends on their availability and timeline. This can extend your case; therefore, it is ideal to come up with agreements in mediation or a settlement.

 

Finalized-

 

Your divorce will be finalized once a judge issues a decree of dissolution of marriage which then severs the marriage, and you are no longer married.

 

Post-decree-

 

If a party is not satisfied with the final decision made by the court, then an appeal can be made. There are specific time constraints around appeals, so you will want to speak with your attorney if you wish to appeal any part of your divorce decree.

 

You also may modify certain orders put in place by the courts if circumstances change after the final agreement has been made. Again, you will want to speak with your attorney if you would like to modify any documents or orders post-divorce.

 

Overall, it can be difficult to determine the exact length that it will take to finalize your divorce because every situation is different. Your timeline will depend on the specific circumstances and jurisdiction of your case.

If you have questions about your particular situation or would like to speak with an attorney today, contact us.

How Do I Pick the Right Attorney For Me?

One of the first questions you might ask yourself when you are searching for an attorney is “how do I know which attorney I’ll work the best with?” or “who will align with me and get me the best results in my case?” This is a very important question to consider because if you and your attorney don’t align then you might not be satisfied with their service or your end result. We never want that to be the case. Here are a few criteria to consider when deciding what attorney to hire to make sure that you and your attorney will be the best fit together.

 

Personality –

One of the most important factors to consider when deciding on hiring an attorney is how their personality would work with yours. When you are going through a divorce, you will end up sharing some of the most important and private details of your life with your attorney. Finding someone who complements you and can be a good partner is a key component to a successful attorney-client relationship.

Situation –

Another very important factor to consider when finding the right attorney is your specific situation. Every attorney has their strengths and areas of family law they practice more than others. If your case is very complex, you might look for an attorney who has more experience handling complex cases. On the other hand, if your situation is a very emotional one, it might be best to find a more empathetic attorney that you feel you can talk to and connect with for support. Another example would be if there is a lot of contention between you and your ex; in this case, you might be looking for a more aggressive attorney that will fight for you in times that get tense. Every situation is different, therefore it is key to find an attorney that will represent you in the way you need to be represented to achieve the most successful result in the end.

Cost –

Lastly, one thing to always keep in mind is how much you can afford when hiring an attorney. Of course, this always depends on each individual case and what you need the attorney to help you with. One of the most important factors that can affect the cost of your case is how contentious the separation is. If you and your ex can agree on most things through mediation, this will keep costs down compared to a case that goes to court. Another factor is what services you need legal help with. In some cases, you may only need unbundled legal services, but other cases will require full representation.

 

Finding an attorney with the right mix of personality, experience, and cost to help you with your divorce case is an important step in the divorce process. At Divorce Matters, we understand the importance of this decision. We match our clients with our attorneys based on all of these considerations, to ensure we deliver the best possible legal representation to every client.

If you’d like to get to know more about our attorneys visit their profiles here.

When Should I Move Out of the House?

When couples decide to divorce, they often can’t stand to be in the same room together. This means one of them ultimately must move out of the house before the divorce in Colorado.

There are many considerations that go into deciding when and whether to move, and we encourage people to meet with a lawyer before packing up a cardboard box and crashing on a friend’s sofa. Often, men leave the home, letting their wife and children stay put, which can be a disastrous decision. Leaving the home sends the signal that your relationship with your children is less significant than your spouse’s, which is a signal some judges hear loud and clear. Below, our Colorado divorce lawyers walk through some of the considerations about how to move out of your home.

What Should I Do Before Moving Out?

Ideally, you will have a written, signed parenting plan that allocates custody. This plan should be sufficiently detailed and will explain where and when you will have the children. So long as parents reached the agreement voluntarily, a judge should enforce it. Without a signed agreement, you have a live custody dispute and moving out of the home can hurt your case.

What Should I Do if I Move?

You should maintain a strong relationship with your children. Follow the parenting plan. If you don’t have one, then visit them often, daily if possible. At a minimum, maintain regular phone contact. Many judges are nervous to depart from the status quo. If you remove yourself from your children’s lives, then a judge might think you are happy rarely seeing your children.

How Do I Get My Spouse to Move Out?

If he or she doesn’t want to move, this is difficult. Some spouses who pay the mortgage think this gives them the right to decide who stays in the home. That’s not the law. You also should avoid threatening your spouse.

Instead, you could offer to pay for the rent to a new place for the duration of the divorce. Be careful, however, if your spouse wants to take the kids. This looks no different than if you moved out of the house. In fact, it probably looks worse, since you are comfortable uprooting your children.

Can I Force My Spouse to Leave?

There are some ways to go about this. If you owned the home before you were married, and it is solely in your name, you might have the power to request that your spouse leave because it is your separate property. Realize, however, he or she might take the children, and this is the primary concern with leaving the home””how it will impact a child custody decision.

If there has been domestic violence, then you can request a protection order and ask the judge to order your spouse to leave. You should also request temporary custody of your children at the same time, otherwise your spouse has an equal right to the children as you do. With a valid protection order, you can call the police to come and move your spouse out. If your spouse refuses, he or she is in contempt of court.

There may be other methods for getting your spouse to move, which you should discuss with an attorney. Contact Divorce Matters to review all your options.

What Happens if Divorce Goes to Trial in Colorado?

Many divorces can be resolved amicably, which speeds along the process and is usually less expensive for all involved. However, sometimes divorcing couples cannot agree on certain key terms of their divorce, such as custody or alimony. In these situations, going to trial might be unavoidable. Below, our Colorado divorce lawyers sketch out what happens at a divorce trial in Colorado.

Discovery

The discovery process allows each side to request information from each other and from third parties. In a divorce, we often request bank records or other financial information. Spouses might need to sit for a deposition, where they answer questions under oath, or a judge could order a psychiatric evaluation of each parent to help determine who the children should live with. Discovery can be a lengthy process, taking many months or over a year. For this reason, it can be very expensive.

Status Hearings and Other Court Dates

“Going to trial” is rarely a linear, smooth process. There are many mini disputes that judges need to decide. For example, you might want copies of your husband’s business records but he doesn’t want to cough them up. A judge needs to decide this issue.

There might also be many status hearings where the lawyers come in to tell the judge how the litigation is proceeding. It is also not unusual for the court to set a trial date but for it to be delayed””sometimes multiple times””because the lawyers are busy or the court’s docket is crammed full.

The Trial

In many ways, a divorce trial is no different from other trials. However, there is a key difference””the judge will decide the case. So there is no jury to select.

The evidence presented will depend on what issues are in dispute. Some couples only dispute a few issues””say child custody and the division of marital property””but don’t dispute other issues, like child support. Still other couples dispute everything.

If a judge needs to allocate parenting time (custody), then witnesses can include teachers, babysitters, family, and friends. Evidence might include medical records and school report cards.

It is not unusual for our clients to have to testify, which can be extremely stressful. Also, friends and family might not want to testify but can be forced to. Compelling testimony can often put a strain on a relationship, sometimes permanently.

After hearing all evidence, the judge will usually state that he or she will take the case under advisement and issue an opinion later, usually after a few weeks.

Divorces in Colorado Are Usually Public

Courtrooms are public places, and there must be a very good reason for the judge to close the doors. Anyone can sit in and listen, though most of the people will probably be lawyers and other couples who need to appear before a judge. If you have dirty laundry in your divorce””infidelity, financial mistakes, mental health or substance abuse problems””then that embarrassing information could all come out. If you are a public figure, then expect the press to report on the proceedings.

Discuss whether to Go to Trial with Your Attorney

Divorce trials are rarely ideal, though they are sometimes unavoidable. When your spouse is acting unreasonably, then the smarter move could be to take your day in court. Your Colorado divorce lawyer will help you decide what is in your best interest.

At Divorce Matters, we have handled many trials and guide you through the process. Reach out to a member of our team to schedule your confidential consultation.

Can My Spouse File Divorce in a Different State after Moving?

You might think that a couple must divorce in the state they got married in, but the law says otherwise. Instead, each state sets certain residency requirements that must be met before the courts in their state will assume jurisdiction over a case. If a person meets the requirements, then the court can hear the case and issue a divorce decree. So, yes, it is possible for your spouse to file for divorce after moving to a different state.

Learn the State’s Residency Requirements

In Colorado, one spouse must have lived in the state for a minimum of 90 days before petitioning the court to divorce. This is not a great length of time. The law also allows either spouse to meet the residency requirements, not solely the spouse who files for dissolution of marriage. So a husband can move to Colorado from California, and 90 days later his wife can file for divorce in Colorado even though she is still living in California.

To meet the requirement, a person must be “domiciled” in Colorado for 90 days. Domicile is a legal concept that basically means the person has made their home there and intends to stay. Someone visiting Colorado for 3 months is not domiciled here, and someone who intends to move back to a different state is also not domiciled.

If you live in Colorado and your spouse has moved, you should learn what the requirements are in his or her new home state. For example, in Florida, one spouse must have been a resident in the state for at least 6 months before filing for dissolution of marriage.

Child Custody when a Spouse Has Moved Out of State

A federal law, called the Uniform Child Custody Jurisdiction and Enforcement Act, might prevent another state’s court from deciding custody. This law states that courts in a child’s “home state” have exclusive (and continuing) jurisdiction to decide child custody issues. The law defines home state as the state where the child has lived for 6 continuous months before the petition to dissolve a marriage was filed.

So if your husband moves to Florida and files for divorce there, but the children have been with you in Colorado for the 6 months before he files, then the Florida court will not decide child custody. If your child has not lived in any state for at least 6 months before the court action was filed, then a court looks at which state the child has “significant connections” and substantial evidence of care for the child.

The Advantage of Filing First

If your spouse is the first person to the courthouse, you might find yourself travelling to another state to attend court hearings. This can be expensive and time-consuming. Also, if you miss a hearing, then something could be decided without your presence or input, which is far from ideal. By filing first, the court in Colorado can take exclusive jurisdiction over the entire divorce case.

If you are asking, “can my spouse file for divorce in a different state?”, the legal team at Divorce Matters can help you. Contact us today to schedule a consultation.

How to Remain Objective During Divorce

Divorce is an emotional time. Although some couples are exhausted and welcome the divorce, others feel powerful emotions, including disappointment and anger. It is very easy to lose your objectivity, especially if your spouse has a new boyfriend or girlfriend.

As seasoned divorce lawyers in Colorado, we understand the importance of objectivity. When people are ruled by their emotions, they often try to “strike back” at their spouse or fight every little issue trying to “win” the divorce. Emotional spouses get caught up in divorces that never seem to end and that frequently leave them more bitter than they were when they started.

To remain objective, follow the tips below for avoiding emotional decisions during divorce in Colorado. In addition, you should meet with a divorce lawyer, who can act as a sounding board during this difficult time.

Find an Objective Friend to Bounce Ideas Off

There is nothing more refreshing than the perspective of another person. This should not be someone too close to you, like your mother, who might have always hated your spouse. Instead, choose a friend or a sibling who does not have strong feelings about your mate.

Of course, the person you choose needs to be someone you can trust and someone who truly wants to listen to what is going on. A work acquaintance, for example, might be overwhelmed by all the personal details you are sharing. And hesitate before choosing someone who is also friends with your spouse.

Try Mediation

In mediation, a neutral person listens to each side describe a dispute. The mediator isn’t a judge; however, he or she can often help couples find areas of agreement. A good mediator can also help each side truly see what issues are in dispute and can propose creative ways to work around the issue.

Mediators don’t decide a winner and loser, like judges do. But they can often see things that people who are mired in their emotions cannot.

Lean on Your Lawyer

Your lawyer is your advocate. But a lawyer is also a professional who realizes that the best advocacy needs to be based on objective analysis of the facts and law. If your lawyer is telling you that your chances of getting 100% of the marital property are close to zero, you should believe what they tell you.

A key feature of any divorce is trying to reach a settlement. This often involves “horse trading”””giving up something you want in order to get something else. In our experience, emotional clients who lack objectivity want to give up nothing, which is simply unrealistic. Even at trial, few people get everything they request.

An objective lawyer will also advise you of when to fight and won’t settle just for the sake of settling. For example, if your spouse is abusive, then there is little reason to agree to shared parenting time just to avoid going to court.

Speak with a lawyer at Divorce Matters today. We can take an objective look at your case and advise you about what you will likely walk away from your marriage with.