What Is Mediation And Does It Apply To My Case?

Mediation is a word you might hear often when learning about divorce, but do you really know what it is?

What is Mediation?

Mediation is a process that most couples in Colorado will go through here in Colorado. In almost all Colorado divorce cases, mediation with be required first thing in your divorce process. The purpose is to try and resolve your case by discussing the issues at hand and hopefully coming up with an outcome that both you and your ex can agree on. Mediation is mandatory in most cases in hopes that a couple can have control over their outcomes and settle their differences before involving the courts. The attorneys from both sides can be present with you at mediation to help advise you.

The mediator is a trained, third-party person that is hired by you and your spouse to go back and forth between you and your ex to facilitate the conversation. They remain completely neutral in hopes of coming to a compromise that is in the best interest of both of you. If mediation is successful and agreements have been made, you and your spouse will sign and submit a Memorandum of Understanding to the Court, which will then be incorporated into a formal, final separation agreement.

If mediation is not successful, and you and your spouse cannot come to an agreement, then the next steps options are scheduling a court hearing or, if both parties agree to it, you can decide to go to Arbitration.

Does mediation apply to you?

The answer is yes because it is required by Colorado law for most divorce cases. The state wants everyone to put forth their best effort in trying to settle issues on their own in hopes that they don’t have to go to court and make the situation even more stressful and drawn out. It can save you and your spouse a lot of money, time, and stress to go to mediation, and allow you to keep the most control over what happens to your future.

We always suggest having an attorney present with you for mediation in case anything is unclear, or you need legal advice. It can be beneficial to have legal representation because they will be able to use their knowledge of the law, while keeping your best interests in mind, to help deliver the best result for you and your future.

Contact us today to speak with one of our many experienced attorneys here at Divorce Matters.

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.

CO Supreme Court Recognizes Same-Gendered Common Law Marriage

On Monday, January 5th 2021 the Colorado Supreme Court ruled that same-gendered couples that were in common-law marriages before the 2015 Obergefell v. Hodges legalization of same-sex marriage are now seen as valid in the eyes of Colorado State law.

 

Common-Law Marriages in Colorado

 

Colorado is unique in that it is one of eight states that recognize common-law marriage in the United States. A common-law marriage is a partnership between two people where they are not legally bound by a marriage license, but they hold themselves out as married. A couple may hold themselves out as married if they have combined bank accounts or assets, are recognized by family and close friends as married, live together, file taxes jointly, have children together, share insurance, etc.

 

Same-Sex Common Law Marriages Before 2015 Now Recognized

 

This recognition of same-sex common-law marriages that began prior to the 2015 Supreme Court decision is an exciting ruling, as it applies the law fairly for all couples who have ever been in a common-law marriage in Colorado, regardless of their sexual orientation.

 

This means if you and your spouse are in a same-sex relationship and held yourself out as married without a license before the 2015 Supreme Court ruling, you may be considered common-law married if you meet the criteria for common-law marriage. It also means you can now go through the divorce process if you are separating so you can fairly resolve the dissolution of your marriage through legal means.

 

If you and your partner are separating and have been in a same-sex common law marriage since before 2015, contact one of our Divorce Matters attorneys today to help. We can help answer your questions about this groundbreaking ruling and how it may affect your case.

 

You can learn more about common-law marriage here.

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.

Debt after Divorce

As married couples navigate life, it is common for them to incur various forms of debt. To be sure, a couple may purchase a house together and have mortgage debt; may buy a car and be liable for car payments; may go to graduate or professional school and incur student loan debt; may suffer a health scare that results in medical debt; or may even just be poor at budgeting and incur credit card debt as a result.

If a couple decides to divorce, this debt must be dealt with. To be sure, the divorce agreement must include a determination about who is liable for which forms of debt and how much debt. If you are getting a divorce in Colorado, here’s a look into how marital debt may affect your divorce settlement–

Marital Debt – How’s it Divided?

Colorado is an equitable distribution state, which means that marital assets must be distributed equitably among the spouses at the time of divorce. This rule also applies to debt; debt must be equitably distributed, but not equally distributed, amongst the two parties during a divorce.

Marital debt is typically considered debt that is incurred during the course of the marriage, whereas separate debt is debt that’s incurred prior to a marriage’s formation. Assets acquired during the course of the marriage include those that are only titled in one spouse’s name. For example, if your spouse purchased a new car during your marriage and the car is only in their name, you will likely still be liable for this debt.

With this standard in mind, the court does not always hold that all debt accumulated during the marriage is marital debt. In fact, the court may assign debt to one party depending upon the type of debt. For example, if your spouse took frequent trips to Vegas and blew thousands of dollars while there, the court may not hold you liable for this debt.

Reaching a Property and Debt Division Agreement

You and your spouse have the opportunity and the right to come to an agreement about how marital debts will be divided rather than turning directly to the court for a decision. This is strongly recommended; reaching an agreement together is typically less expensive, and there is a greater chance of you both getting a little bit of what you want. When negotiating your debt settlement agreement with your spouse, consider the following:

  • Compromise. Be willing to give up something to get something that you want. The more flexible you are, the better the chances of reaching an agreement out of court.
  • Be amicable. It can be difficult to negotiate with your spouse with a smile on your face. While kindness may feel elusive, try to be amicable. This will encourage your spouse to be amicable as well, which can make reaching an agreement more plausible.
  • Work with a professional. It’s smart to know exactly what your options are, and what the consequences of your divorce settlement will be. A professional accountant or lawyer can guide you and help to protect your best interests.
  • Hire a lawyer. Negotiations can be trying – hire a lawyer to represent you during the process and ensure that you don’t end up with a settlement that unfairly leaves you with mountains of debt.

Call Our Denver Divorce Attorneys Today

To learn more about debt in a Denver divorce, call our professionals at Divorce Matters today. We are a team of experienced lawyers who work hard for our clients.

Will Recreational Marijuana Use Affect My Divorce Proceedings?

In 2012, Colorado voters passed Amendment 64, which put the state on the leading edge of liberalizing marijuana laws. Though it is still not allowed under federal law, recreational use of cannabis is permitted in Colorado.

This complex legal framework raises a number of questions. For example, if you are getting divorced in Denver, CO, you may be wondering how recreational marijuana could impact the proceedings. In child custody and visitation proceedings, use of marijuana ”” along with the use of any other impairing substance ”” could potentially be a factor in the case.

How Recreational Marijuana Use Might Impact Child Custody Cases

Under Colorado law (C.R.S. § 14-10-124), child custody cases are resolved under the state’s best interests of the child standard. Simply put, Colorado courts are instructed to make determinations in accordance with what is best for the health, safety, emotional well-being, and social development of the child. In doing so, family law judges can look to many different factors ”” including recreational marijuana use.

To be clear, recreational marijuana use will not automatically disqualify a parent from gaining custody. Instead, it may simply be a factor in the case. In considering this issue, the most useful comparator is alcohol use. While it is certainly legal to drink, alcohol use can still be in an issue in child custody/child visitation disputes. If evidence is presented that shows that a parent’s alcohol use (or alternatively, their recreational marijuana use) adversely affects their ability to provide stability and safety for their child, then that fact may be used against them in child custody proceedings.

Be Ready to Show You Can Provide a Great Environment for Your Child

If you are going through a child custody or child visitation dispute in Colorado, the most important thing that you need to know is that you must be able to show that you can provide a healthy, happy, and safe environment for your child. Colorado courts are primarily interested in what is best for the children.

Evidence of recreational marijuana use does not mean that a parent is irresponsible. However, if there is any evidence that the marijuana use can be linked to poor or inattentive parenting, then the marijuana use will become a factor in the child custody case. For example, if a parent got behind the wheel while intoxicated on marijuana or if they repeatedly forgot to pick up their child because they were smoking marijuana, that will be a major strike against them in any child custody or child visitation proceeding.

Contact Our Denver Divorce Attorneys Today

At Divorce Matters, our top-rated Lakewood divorce attorneys are committed to providing our clients trusted, reliable family law advice when they need it most. If you have questions about recreational marijuana use and divorce, we can help.

To set up a fully confidential family law consultation, please do not hesitate to contact our law office at (720) 580-6745. With locations in Greenwood Village, Lakewood, and Fort Collins, we represent clients throughout Colorado.

Navigating a Divorce with Kids

Conor Stewartson

How Do Kids Change Divorce?

When couples have children, a divorce becomes much more complicated. Even if you and your spouse are committed to an amicable separation, you will need to think through your post-divorce future for the sake of your children. There are many factors that you must consider when going through a divorce with kids, including co-parenting plans and custody arrangements, child support, emotional support, and even maintaining respect toward your former spouse in front of your child to contribute to a healthier family dynamic. Divorce Matters® is here to offer help in each of these areas so you experience a more seamless divorce.

Come Up with a Parenting Plan

Children need continuing contact with both parents, and a judge will want to see a detailed parenting plan. At the outset, you should realize that a 50/50 custody split might not be realistic for several reasons: an imbalance of parental care, one or both of you deciding to move, or if one of you has a past criminal record. However, you should work toward the fairest custody plan that looks out for the best interest of the child or children.

If one of you decides to move far enough that it could prompt school changes, you will need to reevaluate your agreement and settle it with the court. This will involve who and where the child or children will live with during the school year and decide:

  • When the non-custodial parent will have weekend visitation
  • How the children will split their summer vacations
  • Who the children will spend holidays and birthdays with
  • How you will transport the children to and from visitation, as well as when they will be dropped off and picked up

The more detailed your parenting plan, the better. Deciding on issues ahead of time can reduce conflict later on. Divorce with kids will also require determining parental rights and obligations to ensure both sides are contributing fairly to the child’s life. This includes setting boundaries on both sides so the child will not take advantage of one parent or “choose” a favorite. Both parents must have clear rules the child must follow to allow for a healthy relationship in the family and promote an equal partnership. If you need help developing a parenting plan, you can consult with one of our divorce attorneys who can advise you on how to achieve the best possible outcome for you and your child.

Discuss Child Support

Every child has a right to enjoy the fruits of his or her parent’s income and live with a parent who can take care of them financially. For this reason, child support is a right. Child support includes things like health insurance, medical expenses, and child care in addition to the monthly overall care costs. Depending on your situation, you might need to pay extra to cover these costs.

Hiring a child custody lawyer to help with a divorce with kids is crucial, whether you are the paying or receiving parent. Many factors contribute to how child support is paid that you will want professional assistance with, such as income, overnight stays with each parent, extraordinary and ongoing expenses – and who has paid most of them – and much more. You don’t want one stone unturned. This is why parents going through a divorce with kids should partner with a firm like Divorce Matters® that will look at the total cost of raising the children, both of their gross income, and identify how child support should be paid out or received.

The state has a formula it uses to calculate child support. We make this easy to calculate with our free child support and maintenance calculator. You can download this free tool in the Google and Apple app stores.

Stay on Your Best Behavior

It is perfectly understandable to feel depressed, angry, and frustrated during a divorce with kids. After all, a relationship you thought would last for life is now crashing to the ground. Nevertheless, parents must remain amicable if they want their children to flourish. This means never bad-mouthing your spouse when the children are around or trying to turn your children against their mother or father. Furthermore, trying to alienate your children could be used against you when it comes to determining custody.

You must also keep communication consistent between you and your ex, as well as your child. Allow the child to speak to the other parent when they choose to maintain a healthy relationship. If you ever do need to communicate with your former spouse, the child should never see you fighting over them or disrespecting one another. This is not conducive to a healthy relationship and can later result in resentment from the child toward you or your former spouse.

Emotional Impact on Children

While you are going through a divorce with kids, your child will be feeling a mix of emotions – anger, sadness, confusion, and even guilt. It is important to reassure them that your relationship ending has nothing to do with them, and it may even improve your relationship as a family unit. Do not use them as messengers between the two of you, and under no circumstance should you put them in the middle of your conflicts or use them as collateral. Effective communication and setting boundaries as parents are crucial to the mental health of the child. Continue to reassure them that they are loved and allow open communication so they can express their emotions freely. It could be beneficial to seek out a neutral party like a counselor or therapist for your child to remove any bias and allow them to speak about the situation.

Finally, allow you and your child time to adjust to this new normal. This is a new journey for all of you, so allow yourselves to be open and flexible, and have a safe space to grieve the divorce. You also need to get used to the new environment with one less parent in the house (potentially impacting pre- and post-school routines or weekend plans). It is important to adjust and even establish new traditions for you and your child to restore a sense of normalcy.

When it comes to introducing new partners, take ample time to allow you and your child to get over the divorce before involving any new romantic partners. Not only could this be confusing to the child, but it could hurt your relationship with them. Do not try to force a relationship with this new partner, validate their feelings, and do not involve them in the co-parenting responsibilities. New partners can be a slippery slope, so only enter into a relationship with one when you are truly ready and when you know they will fit in with your children.

Child Support Modification

To make a child support modification in Colorado, courts require a “substantial and continuing” change. This change can include a change in income, especially if you get a raise or lose your job. You can request changes through an annual assessment or through a general motion to modify your agreement. Modifications are possible, but the circumstances need to be substantial enough to call for a change.

Calm Guidance You Can Trust

Divorce with kids is an emotionally turbulent and challenging time. You need trusted, experienced divorce lawyers in your corner. At Divorce Matters®, our team has the knowledge and experience to help guide you through the process step by step. We only want what is best for you and your family. Please contact us today to schedule your comprehensive, initial consultation.

How to Divorce Later in Life

How to Divorce Later in Life

Divorce is not only for the young””and its popularity for older Americans is growing. According to statistics compiled by the National Center for Family and Marriage Research, divorce after age 50 is twice as common today as it was in 1990, and divorce for those 65 or older is even more common. If you are planning on divorcing later in life, you should follow these tips.

Remain Sensitive to How the Divorce Affects Your Children

Couples sometimes stay together until their children graduate high school or college, but nothing magical happens at 18 or 22 that makes divorce easy for your children to accept. Even older children might struggle emotionally with the separation. It is simply a fact that our marriages serve as role models for our children and grandchildren, and when the model marriage blows up, you can expect your children to think they are staring into a crystal ball.

Remember to avoid asking your children to be mentors, therapists, or mediators during the divorce process. Children, even adult children, should not be asked to pick sides. For that reason, be careful about what reasons you give for divorcing. Your children do not need to know every detail of what you find disappointing in your spouse.

Talk to Someone about Your Emotions

One of the benefits of being older is less sensitivity to what other people think. Young married couples might avoid therapy because of the stigma that still attaches to talking with a “shrink.” However, you might be surprised at how deeply the divorce affects you. To work through your emotions, schedule therapy, individually or as a couple.

Among the most powerful emotions is a fear of being alone. Of course, by divorcing, you open up to the possibility of meeting someone new. You might also discover a hidden reservoir of independence that makes being alone past 50 an exciting experience.

Realize Your Ex Will Remain Part of Your Life

Young people without children might be able to split and never see each other again, but it is less likely for older couples who have been married for decades. If you have children and grandchildren, you will see your ex-spouse at family holidays and events. Even if you are childless, you probably have the same friends and belong to the same organizations. It is inevitable that you will run into your ex at some point.

Speak with an Aurora, Colorado Divorce Lawyer

In addition to the emotional aspects, divorce carries legal ramifications that you should be aware of. At Divorce Matters, we have handled countless “gray” divorces, and we are here to assist you, too. Please call us to schedule your free consultation, 720-580-6745.

 

What Is An Uncontested Divorce?

By Divorce Matters Attorney Ashley Balicki

Uncontested Divorce: This is when the parties have an agreement as to all issues in the divorce, including but not limited to: division of property, maintenance, parental responsibilities, and child support. In these cases the attorney can only represent one party but can draft all of the necessary documents to initiate and/or finalize the divorce. This is very common in the family law practice.

  • The parties do not have any disagreements but need someone to draft the necessary paperwork to initiate and finalize a divorce;
  • Only one party may be present for the initial consultation and only one party may hire the attorney (the attorney cannot represent both parties due to the ethical rules);
  • After one party retains the attorney can then speak to and meet with both parties simultaneously in order to draft a Separation Agreement;
    The attorney can only provide legal advice to the spouse that is his or her client and cannot provide legal advice to the other spouse.

Questions to ask:
Is either party represented by an attorney?
Has anything been filed?
Is there a full agreement as to all issues?

If you think your divorce will be uncontested, it is a good idea to consult with an attorney to make sure you understand all aspects of a divorce. Contact us if you have any questions.