What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

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.

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.

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.

What Are Unbundled Legal Services?

Navigating the court system without the assistance of a divorce attorney  can be difficult in normal circumstances. With the added uncertainty of the COVID-19 pandemic, it is important now more than ever for pro se parties to seek alternative forms of representation.

Appearing pro se simply means that you are appearing on your own behalf, without an attorney. Usually, there is legal aid available to pro se parties; however, the courts, along with the self-help centers inside, are closed for the foreseeable future. Some courts are now advising that parties without family law attorneys consider obtaining limited representation, or unbundled legal services.

Limited-scope representation is when your lawyer handles only some parts of your case, as compared to a traditional relationship where the attorney handles all aspects of your case. Unbundled representation is a way for you to choose, a-la-carte, what legal services your attorney can provide you. You can mix-and-match the specific tasks your attorney is completing for you. If you need to simply consult with a divorce lawyer and get legal advice about your case on a as-needed basis, that can be the limited scope of your attorney’s representation. Your attorney can also coach you how to represent yourself pro se, and can help with preparing your case. An unbundled service can also provide document drafting and reviewing. Similarly, you can hire a lawyer to represent you on only certain issues in your case, such as an emergency motion or child support, while you do the rest.

Courts are encouraging parties to get as much legal assistance as they can during this pandemic, as your attorney can file documents electronically and will receive immediate case updates. If both parties in a case are represented, the Court may be able to enter final orders based on the filing of agreements and non-appearance affidavits. Otherwise, you may be left waiting until the Court resumes normal operating procedures.

Your divorce attorney can always enter a full-scope representation in your case if it is necessary, but if you were planning to file pro se and the courts have instructed you to obtain unbundled legal services to file during this time, call us to learn more at 720-542-6142 or fill out our contact form here.

Do I Need A Lawyer For An Uncontested Divorce?

Divorce by nature can be a contentious process. It is the end of a marriage, after all, and it is normal for negative emotions to fly. But not every divorce ends in anger and argument. In some cases, divorce can be done amicably, and it’s great if that happens. However, just because both parties are in agreement on how to move forward with a divorce does not mean that an attorney is completely unnecessary. In fact, if you don’t have an attorney, issues that arise during what was meant to be an uncontested divorce can easily turn the divorce sour.

The Problem With Divorce Pro Se

When you file for divorce without an attorney, we say you are representing yourself “pro se.” You can file the paperwork on your own and there are a ton of guides on the Internet on how to do it successfully. However, even if you are representing yourself in your divorce, you should still speak to an attorney. Why?

Because of the potential for costly mistakes. Family law is complicated. The more money and property you have, and any kids you have, amplify the need for an attorney. It is so easy to miss something teeny tiny and have that omission snowball into an expensive legal battle with your ex-spouse in the future.

Here’s an example: let’s say you and your spouse own investment property together. In your DIY divorce, the property slips your minds and you fail to address the issues of ownership of that property. Now, something goes wrong with the property, and you want to repair it, but your ex (who still owns the property too) decides the property should be sold. Neither party is in agreement; the argument escalates and escalates and suddenly, you’re on the opposite side of a courtroom paying oodles of legal fees trying to resolve the property issue. If you had spoken to an attorney before your pro se divorce, the property issue could have been resolved before the problem ever came up.

Our Denver divorce attorneys will work with you to ensure that no aspect of your divorce is ignored.

Representing Yourself In Divorce & The Pitfalls You May Face If You Do

Are you thinking about representing yourself in your Colorado divorce? Who better, right? You know your demands. You know what you have and what you want. An attorney would just be a time-and-money sink. If those thoughts ever occurred to you, you should know that it really is not that simple. Representing yourself in divorce ”“ especially when your spouse has hired an attorney ”“ can end very badly for you. Here are a few simple reasons why:

  1. Your spouse’s attorney knows much more about divorce law than you do, no matter how much Internet research you do or how many of our blogs you read. Despite this fact, you will be held to the same standard as an attorney ”“ no exceptions. This means that you are responsible for all of the confusing deadlines and standards of practice to follow, and there’s no easy guide to follow for those.
  2. Every court is different. Courtroom procedure in one county may be totally different from that of another county. Even if you are somewhat well-versed in the particulars of a divorce hearing, you may find yourself in hot water if you are not familiar with the court handling your case.
  3. It is very easy to miss something if you are trying to write your own divorce settlement agreement. Divorce settlements must be very particular by nature, and any errors or ambiguities can lead to more strife between you and your spouse, not to mention a prolonging of the procedures that can lead to future costs in time and money.

The bottom line is that, unless you are a divorce attorney yourself (and even then, a second opinion never hurts), you should go into a divorce with a trained ally on your side.

Disadvantages of Divorcing Through an App

There’s an app for everything ”“ even, nowadays, divorce.

Wevorce is a startup that bills itself as a mediation-enabling software. It seeks to bring divorcing couples together to divorce amicably and touts its lower price compared to traditional divorce as one of the benefits. But is Wevorce truly a better option than the old-fashioned way?

Wevorce Disadvantages

One curious feature of Wevorce is that both parties are overseen by one attorney-mediator. This can make for a dicey situation ”“ the reason you want to have your own attorney in your divorce is because you need a strong advocate for you, not for you and your spouse. You need a legal professional who has your interests alone in mind, that way he or she can help you fight for the fairest divorce settlement. Having the one attorney representing both sides creates an inevitable conflict of interest, and you may be the one who loses out as a result.

Cost

And then there’s the issue of cost. Wevorce says it is cheaper than a traditional divorce, but we’ve blogged in the past about how this claim does not always pan out in the long term. Penny-pinching now can lead to much higher costs down the road when you discover that your DIY divorce led to an unfair distribution of marital property.

Legal Issues

Let’s use an example. Say you and your spouse have agreed to split your 401(k). You fill out the online forms and submit them to the Wevorce software, which looks it over, finds no legal issues and passes it along to the courts to be finalized. While this may be what you and your spouse have agreed to, Wevorce might not inform you of the tax implications of splitting your 401(k). This could lead to major headaches in your future.

Don’t Rely on an App, Use an Experienced Divorce Lawyer

The bottom line is, Wevorce might be right for you, but in the end, you want a personalized legal approach to your divorce from a divorce attorney who is familiar with the details of your case and ready to be your zealous advocate.

Whether you desire mediation, collaborative divorce or to protect your assets in litigation, our Denver divorce lawyers provide real value in legal representation.

D-I-Why? Divorce Pro Se Can Cost You More

Many couples considering divorce will wonder if they can do it themselves, without the need for legal representation. In some cases, sure ”“ the forms are available online, and the costs of divorce can be brought down if the couple can work it out on their own. However, pinching pennies going into a divorce often can lead to dire financial ramifications later on.

The truth of the matter is that it is hard for a couple to understand what constitutes equitable shares of marital property without the assistance of divorce lawyers.

Advantages of Using a Family Law Attorney

Attorneys provide much more than just a sunken cost in your divorce. Family law attorneys know the law. They know what to say in order to make sure that you are getting your due share of your marital assets. They know what papers to file, what to say in court and how to mediate disagreements. They know how to create clear, binding agreements devoid of unclear provisions and potentially unenforceable terms. They help you avoid making mistakes while navigating the complicated field of divorce law. They can help ensure that the disclosure of assets is total and transparent.

Adding on, couples who skip legal representation up front for the divorce often end up needing legal representation later on to undo the mistakes they made.

There is a time where it is absolutely necessary that you hire a lawyer for your divorce ”“ when your spouse has one and you don’t. You do not want to have to face a legal professional in matters involving your divorce using only the information you were able to obtain online.

Let a Lawyer Help You Avoid Common Divorce Mistakes

If you have no meaningful assets, no children and no property with your spouse, then perhaps a DIY divorce will be fine for you. But if you have homes, cars, stocks, businesses ”“ a lawyer will help ensure that you do not make any drastic financial mistakes in your divorce.

The Denver divorce attorneys at Divorce Matters take a client-centered approach to ensure the smoothest possible divorce process.

Common Mistakes in DIY Divorces: Part II

In our previous posts in this series, we discussed the reasons why you may or may not want to hire an attorney, as well as the potential procedural and deadline mistakes commonly made when conducting a DIY divorce and the importance of understanding exactly what you are signing your name on.

Continuing in our attempt to clarify this often-confusing topic, we will now cover the next three common mistakes made and how those mistakes could affect your decision about whether a DIY divorce is the right option for you.

In our experience helping people recover from mistakes made during the DIY process, here are three additional common mistakes that we see:

Too-Vague Separation Agreements

As part of every DIY divorce, the couple is required to file a separation agreement that details each part of your settlement. Templates for separation agreements are available online and seem straightforward and simple.

However, legal processes are rarely simple. The biggest challenge that most couples face is including the appropriate level of detail to this document. Earlier we discussed the importance of understanding everything you sign, and this is no exception. If you sign this document, it is legal, no matter what it says.

So what happens if you don’t adequately describe what happens if you can’t sell your house immediately and end up paying more in joint mortgage than anticipated? What happens if one or the other of you loses a job and can no longer make the agreed-upon payments on joint debt? What happens if your spouse won’t follow the agreement?

Be specific. Make sure to address not just today but the future, and ask for what you want in detail. Don’t make any assumptions or think you should wait to speak with your spouse or mention something at the hearing. Get it in writing as early as possible.

Make sure that you set forth how you are going to deal with the unexpected. For example, what will you do if one or the other of you promises to do something during the process and then doesn’t deliver? Remember, you have to be able to enforce the agreement in the future if that is necessary.

Representing Yourself in Court

Representing yourself in a divorce hearing is nothing like what you see on Law and Order. It is also much more complicated than just dressing nice and talking respectfully.

Divorce is a topic that is inherently emotional and stressful, and representing yourself in front of a judge is never going to be straightforward and easy. Even in an uncontested divorce there will often be topics that are sensitive to one or the other of you. Representing yourself professionally and to the best of your ability will always be a challenge when you’re emotionally involved.

Know that even though you are emotionally invested in the hearing’s outcome, your judge will not cut you slack because you’re not an attorney. You will be expected to understand the laws and how they pertain to you, just as any attorney would. The learning curve for representing someone in court (let alone yourself) is high, and you need to do it right the first time.

Inadequate Parenting Plans

If your divorce involves children, the DIY process immediately becomes more complicated, and you may want to reconsider hiring an attorney. If you do move forward with the DIY divorce, keep in mind that the courts paramount concern is the best interests of your child or children.

In Colorado, all divorces that involve children require both a parenting plan and a child support worksheet. Understand what these are and make sure you complete them in full detail. As with the separation agreements mentioned above, parenting plan templates are available online, however, they are vague and don’t include detail. They’re intended to apply to everyone, but each couple’s situation is different.

A word to the wise: make the form fit your needs and view the form as a guideline for all the issues that must be addressed to satisfy the Court. That doesn’t mean that you and your spouse can’t add additional items or agreements that are pertinent to your children and your situation.

As with the separation agreements, don’t just plan for settlement today. Think about the future, and provide details. What happens if one parent has to relocate? What if someone loses their job? What happens if your schedule changes and you can’t meet the agreed-upon custody schedule? What will you do for holidays? How do you define a holiday? Do birthdays count? How about vacations? And for most divorced parents””biggest of all””how will you enforce it?

Conclusion

Deciding whether a DIY divorce is the right path for you depends entirely on your situation and how many complications are involved. It may be an ideal path for some, but in other cases, it may be too risky. Talk to a divorce attorney ahead of time. Learn what is involved and how you can proceed in a way that best suits you and your needs.