What Questions Should I Ask at a Divorce Consultation?

One of your first interactions during a divorce case will be your initial consultation with a law firm. For many divorcees, speaking to a legal professional is a new and daunting experience, so making sure you are prepared for your consultation can help a lot in relieving stress and anxiety. The best way to prepare is to know what to ask. Here is a list of common, useful questions to present to your divorce attorney.

Ask Questions About the Attorney’s General Experience

  • How many divorce cases have you handled? How many of your divorce cases have gone to trial? How many cases have you taken that have involved business valuations or large financial settlements?
  • Ask questions about how the law firm operates. Who at the firm should I call if I have other questions? What are your office hours? Who will be working with me on my case, and is it possible to meet them now? What does each member of the firm do? If my case goes to trial, who will handle that process? Asking these questions can help you become more familiar with the members of the firm and how each member can help you in your case.
  • Ask about costs. What is the average fee for a divorce case from beginning to end? Should I expect any extra costs? Do you charge a retainer, and what happens when it is used up?
  • Ask about the particulars of your case. How much will I be able to participate in the development of strategies regarding my case? How will the firm keep me up to date with new developments in my case? Do you foresee any major issues in moving forward with my divorce?

Contact an Experienced Colorado Divorce Attorney

Having a list of prepared questions helps give you foresight into the divorce process and will alleviate some of the stress and anxiety you might feel when preparing to speak to your divorce attorney.

The Denver family law attorneys at Divorce Matters design tailored action plans to help you achieve the best outcome through this difficult time.

Divorced with a Dating Profile? Don’t Fall for This Scam!

Heartbreak hurts. But don’t let heartbreak blind you to deception, or you may end up paying a high price. If you are recently divorced with a dating profile, be careful.

Every year, federal Internet crime investigators receive thousands of tips involving online romance scams; just last year, victims of these scams reported a total of more than $82 million lost to scammers. A Colorado woman who recently divorced fell victim to one such scam, to the tune of $510,000, after meeting a new man on Match.com.

The woman, known only by the name Joy, signed up for the dating website and quickly became enamored of a man called “Michael Vinci.” He claimed to be an international businessman. They emailed regularly and spoke on the phone, and Vinci even wrote Joy “unbelievable” love letters. But as they say, if it sounds too good to be true.

Six months into their relationship, Vinci asked Joy for a short-term loan in the ballpark of $300,000 for a business deal. Joy had the money from her divorce settlement in an investment account and blinded by her feelings for the enigmatic Vinci, she pulled out the money. And because it was an investment account she took money from, the IRS and Colorado Department of Revenue got involved, sapping more and more money for taxes. Immediately following the transfer of funds, Michael Vinci vanished.

Joy had planned to use the money to buy a new house, but now that is a distant dream. She lives with a relative out of state and faces the horrendous financial aftermath of one bad decision in a moment of intense vulnerability. Let this be a lesson to those in grieving over their lost marriages ”“ it is okay to feel depressed or heartbroken after a divorce, but stay vigilant.

The family law attorneys at Divorce Matters serve the Greater Denver area.

My House Is In Foreclosure and I’m Getting Divorced ”“ Help Me!

Divorce is a big upheaval in a person’s life, and if you are facing a home foreclosure at the same time, an already stressful situation becomes that much worse. The big question is: who is responsible for the mortgage debt? Divorce and Foreclosure both require special attention.

To answer this, you would turn back to the original documents. If only one spouse is listed on the loan documents, that spouse is going to be the one responsible for debts. If foreclosure occurs, that spouse will suffer a drop in credit score, while the other spouse will be unaffected.

Typically, though, in marriages, both spouses will have signed the mortgage loan documents. This makes the matter a little more complex. From here, cooperation will be important. It is not impossible to avoid a foreclosure in divorce.

Two Ways You Can Avoid Credit Ramifications and Foreclosure

  1. If the market value of your home is lower than the total amount owed on your mortgage debt (the home is “underwater”), you can avoid foreclosure through a short sale. A short sale is simply a sale of the home for below market value. You would need to permission of the lender to accept the proceeds of a short sale. Some lenders might forgive the difference; others could come after you and your spouse for a deficiency judgment within six years. You would remain jointly liable, in this case, for the deficiency. You might be able to get the deficiency reduced by bargaining with your lender, or even persuade the lender to accept a lump sum settlement to clear your remaining debts.
  2. You could also seek a deed in lieu of foreclosure, where you give the title to the home to the lender in exchange for being released from your mortgage obligations. However, like a short sale, it is possible that you and your spouse could be jointly liable for the deficiency. Deficiencies are also negotiable here through either reduced rates or a lump sum payment.

Contact an Expert Divorce Attorney in Denver for Help Today

Divorce isn’t easy, and neither is foreclosure; to deal with both at the same time takes a lot of effort. Don’t be afraid to ask for help when dealing with these matters.

How To Deal With 3 Common Divorce Fears

Divorce can be a scary time. It is a huge upheaval in a person’s life. You will have to consider money, your kids and maybe a new place to live. As such, it is not uncommon for divorce proceedings to be underlined with a pervasive sense of fear or anxiety, especially regarding property and money. The good news is that the three big fears about the financial ramifications of divorce can be mitigated through a little work and planning.

The Three “Divorce Fears” and How to Deal With Them

Many divorcees worry that they are not getting their fair share of assets. The more assets a couple has, the scarier it can be, especially when there are homes, stock options and businesses to consider. This is why Colorado uses equitable division to split marital property. Your share may not be equal, but as long as all assets are discovered or disclosed, the courts will split them accordingly. A divorce attorney can help you ensure that you get your fair share.

  1. Another common fear is not knowing exactly which property you will get to keep. Maybe you want the house, but don’t have enough liquid assets to ensure that you will be able to keep it. The way to lessen this fear is to take inventory of your assets, and know which are liquid and which are not. Having $500,000 in cash is very different than having a $500,000 house, after all, and you want to be able to remain financially flexible after your divorce instead of being stuck with only illiquid assets.
  2. The other big fear can be simply summed up as fear of change. Will I have enough money left after spousal support (maintenance, alimony), child support, taxes and living expenses to survive and thrive? Will I need to sell the house and move somewhere else? How will the divorce affect my health insurance? These are big questions, and there are a lot of them. Speaking to a financial advisor can help you budget for your future and assuage these fears.

Get in Touch With an Experienced Divorce Attorney

Divorce is a big change, but there are people out there ready to help you. If you have any questions about your finances during and after divorce, bring them up with a divorce attorney.

Divorce Matters ”“ Denver Family Law Attorneys

What Is the Process of Serving My Spouse Divorce Papers?

When a divorce is in the works, one key element of the process is the service of divorce forms to your spouse. Service of process is an essential part of the legal system, because it informs all parties involved what is happening and gives everyone a chance to prepare for their day in court.

Once you have prepared your forms and filed with your courthouse, you will need to serve your spouse the divorce papers as soon as you can. Depending on whether or not your spouse has a lawyer, the process may be a little different.

Options When Serving Your Spouse with a Divorce Petition

  1. You can have your spouse sign a Waiver and Acceptance of Service form. These documents must be signed in the presence of a notary to be admitted in court.
  2. You can set up a personal service with another person. Some people do this by asking the local sheriff’s department to set up the service and some people use private process servers. You can also have a responsible person ”“ a friend or family member ”“ over the age of 18 serve your spouse. If you elect for the last option, you should make sure that the person has no involvement in your divorce proceedings. The person will then bring you a completed return of service form, which you will take to the court.
  3. If your spouse already has an attorney, the attorney may waive service for your spouse and will have to sign a Waiver of Acceptance of Service form and file it with the court.

Call an Experienced Dever Divorce Attorney

The process is usually straightforward. Any questions you have regarding the divorce process should be brought up with your divorce attorney.

Avoid These 3 Costly Divorce Mistakes

The stress of a divorce can be overwhelming, but you have to remain level-headed. Otherwise, you run the risk of financial devastation.

Three Common Financial Mistakes That Happen During Divorce

  1. Losing your good credit. A bad credit score can hurt you in countless ways, and it is sadly common after a divorce for a newly-single person’s credit to tank. To make sure this doesn’t happen to you, you will want to get a copy of your credit report before you get your divorce. This will identify all of your joint accounts with your spouse, which you will want to pay off and close before you settle your divorce. Otherwise, you will still be on the line for debts related to those accounts. Consider income tax debt, as well ”“ it is possible for the IRS to audit your last joint tax return, sometimes up to seven years later, so make sure your divorce agreement specifies how to handle tax penalties down the road.
  2. Not paying attention to insurance policies. In many divorces, one party will be required to obtain life insurance to insure things like maintenance (what you’ve probably heard called alimony) and child support payments. If you are the spouse who is the beneficiary of the policy, make sure there are checks in place to periodically make sure the premiums are being paid. If you don’t do this, then you may find in the future that your ex-spouse stopped paying for the policy, which could be a crippling mistake when the time comes that the money is needed.
  3. Not understanding asset liquidity. Liquidity means that you can turn your assets into cash, and in many divorces, one party will end up with a majority of assets in illiquid form. Things like houses are considered illiquid because they are hard to turn into cash quickly. If the marital property you keep after a divorce is in mostly illiquid form, ensure that you are going to have enough liquid assets to pay for costs of living. Otherwise, you may end up in financial trouble.

Contact a Denver Divorce Attorney for Help Today

There are many other financial considerations you will need to be aware of to avoid coming into hardship after your divorce. This is one of the reasons it is critical to discuss your case with your divorce attorney.

Why Are Celebrity Divorces So Common?

It seems like we can’t go a week without another celebrity divorce popping up in the news. Megan Fox, Blake Shelton, Terrence Howard, Reba McEntire ”“ and that’s just in the last 30 days. Why is it that celebrities seem so itchy to pull the trigger on divorce? Is it simply because of their fame that we hear of it so often, or are there forces more sinister at play? Maybe a little of both?

Wealth

It is easier for wealthy people to divorce, and wealth is endemic to fame. Someone less fortunate might worry about lawyer expenses, the issues of dropping to a single income and worries that they may never find love again. These are nonissues to celebrities, especially the last one.

Infidelity

It doesn’t take a rocket scientist to figure out that celebrities are very desirable people. There will always be someone out there ready to snap up a newly single celebrity. All of this can make divorce seem more attractive than working out problems with a marriage.

Real Life Is Not Like the Movies

It can be hard to separate a person from their role or interview persona when you are on the outside. On some level, many people feel like they know a celebrity from seeing them on TV, and much work is done to present celebrities in a positive light (charitable work, sense of humor, winning smiles). But being in a relationship with that person can drastically change a person’s perception of that celebrity. The man who was once a quick-witted, dreamy stud can turn into the guy with the awful relatives, or the guy with the anger issues, or the guy totally incapable of romance. Being exposed to the real person can lead to a quick dissolution of a celebrity marriage.

Trust Our Denver Divorce Lawyers with Your Family Law Issues

There are a ton of reasons we did not list here ”“ age difference, celebrity culture, busy schedules, even narcissism. It just goes to show that famous marriages are a double-edged sword and that celebrities are only human. If you’re facing a divorce, be sure to contact the experienced legal team at Divorce Matters today.

Childhood Ruined: Kermit and Miss Piggy Getting Divorced

There are some couples that you expect to stay together until the end of time. Lucy and Ricky, Mickey and Minnie, Charlie Kelly and Frank Reynolds (hey, they had a domestic partnership once). Which is why our worlds and childhoods were shattered when ABC announced the dissolution of a perfect celebrity couple ”“ Kermit the Frog and Miss Piggy.

Miss Piggy utilized social media on August 4 to announce that the timeless partnership had come to an end. She had this to say:

“After careful thought, thoughtful consideration and considerable squabbling, Kermit the Frog and moi have made the difficult decision to terminate our romantic relationship. We will continue to work together on television (“The Muppets”/Tuesdays 8pm this fall on ABC) and in all media now know or hereafter devised, in perpetuity, throughout the universe. However, our personal lives are now distinct and separate, and we will be seeing other people, pigs, frogs, et. al. This is our only comment on this private matter”¦unless we get the right offer. Thank you for your understanding.”

How to Deal with an Ex If You Work Together

Working with an ex, especially after a divorce, can be difficult. Here are some tips to keep your business and personal lives separate:

  1. Stay busy. Keep paperwork on your desk, make phone calls, listen to music.
  2. Don’t trash talk your ex, even if he or she isn’t around. Word travels fast in the office, and the last thing you want is to be the subject of hate-based gossip.
  3. Get out of town! Take a vacation””it will do wonders for your health and stress levels.
  4. Be patient. The world moves on, even though you and your ex aren’t together.
  5. Don’t flirt with your other coworkers. It’ll just make things worse. And can you imagine having TWO exes mad at you in the office? Talk about a hostile work environment!

Contact a Divorce Attorney for Help Today

The team at Divorce Matters has years of experience helping all kinds of couples with their divorce and family law needs. Call a Denver Divorce attorney today to get started with your case!

Marriages in Trouble After Ashley Madison Leaks

It’s bad news bears for Internet adulterers ”“ the site Ashley Madison, a meetup site for cheating spouses, has been hacked, leading to the publishing of millions of user email addresses, private photos, real names and credit card information.

The hack came weeks after hackers revealed the breadth of the stolen information and demanded that Ashley Madison close down. The website ”“ with the slogan “Life is short. Have an affair.” ”“ denied that a hack had taken place and refused to shutter. The hackers predictably called the website’s bluff, and now the saucy details of millions of cases of infidelity are open for the public to see, including the widely publicized details of Josh Duggar’s profile.

How Do I Talk to My Spouse About Infidelity?

A huge number of infidelity cases are discovered through digital media, such as text messages, emails, location data from smartphones and, of course, dating sites. If you have caught your spouse cheating as a result of the Ashley Madison hack, or if you are the one who was exposed, read on.

In the case of the Ashley Madison leak, most of the people who look into the details probably have suspicions of infidelity anyway. Finding concrete proof of cheating is just a way of putting these suspicions into words and allowing the couple to actually talk about what is going on.

When you begin a conversation with your spouse about infidelity, it is wise not to start by yelling, but often this is what happens. Getting the anger out of the way can help the couple start talking through the real issues. And there are only two ways such a conversation can end ”“ you can either end the relationship or talk through the issues and commit to solving them. If you desire to save your marriage, counseling is one option. If you decide on divorce, you should speak to a Denver family law attorney.

Speak With a Colorado Family Law Attorney if You Suspect Infidelity

P.S. Colorado is a no-fault state, so while infidelity will not be seen as a reason for the divorce, it will factor into the division of marital assets. If your spouse spent marital assets on an affair, it is possible for you to recoup those through legal action.

The NannyGate Divorce Scandal

You’ve probably seen it on Twitter in the last couple months ”“ the hashtag #NannyGate. And no, it doesn’t refer to the 1993 debacle involving two of President Clinton’s Attorney General picks ”“ it refers to the contentious divorce proceedings between Ben Affleck and Jennifer Garner, who have been married for a little over a decade. The big question surrounding the divorce, the one all of the paparazzi and gossip media have been trying to prove, is whether or not infidelity was the cause. Affleck and Garner say no ”“ but former nanny Christine Ouzounian says yes.

Did They or Didn’t They?

Who do we trust ”“ the estranged couple or the former nanny? It could be a case of a person jumping on the coattails of fame in hopes of riding to their own celebrity future, a process to be known henceforth as “Kardashian-ing.” Or, it could be true. Here’s an abridged timeline of the divorce from Entertainment Tonight:

  • April 2015: Ouzounian is hired as the duo’s nanny. Breakup rumors appear after the celebrity duo were seen separately around LA on several occasions, including rumors that they were apart on Garner’s birthday
  • June 21: Moving vans are spotted at the couple’s home.
  • Week of June 22: Affleck, Garner, Ouzounian and the kids take a trip to the Bahamas. During the trip, Ouzounian’s fiancé calls off their relationship suddenly ”“ according to an anonymous involved source, “Something happened in the Bahamas.” Foreboding.
  • June 27: Affleck travels to Vegas with Ouzounian, but without the kids. Some sources say Garner fired Ouzounian after hearing about the Vegas trip.
  • June 30: The divorce is announced.
  • July 17: Ouzounian tips off paparazzi that she will be at Affleck rental home. Pictures show her delivering a bottle of champagne.
  • July 29: Us Weekly claims Affleck dated Ouzounian. He denies it.
  • July 29-now: Ouzounian has blown up her social media with pictures of expensive designer bags, dinners, trips and brand new cars ”“ but where is the money coming from?

Take that timeline how you will. At the moment there is no concrete evidence that infidelity is the cause of the separation or whether this Ouzounian character is credible.

A Highlands Ranch Divorce Lawyer Can Help

Infidelity is a common cause of divorce ”“ sad, but true. It is estimated that 30 to 60 percent of all married individuals in the U.S. will engage in infidelity during marriage. However, in Colorado, infidelity is not grounds for divorce ”“ Colorado is a no-fault state, meaning the only grounds you need are that your marriage is irretrievably broken. Call your Highlands Ranch Divorce Lawyer today.