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.

Divorce Mediation or Arbitration?

Some people want to avoid going to court, and we can’t blame them. Testifying in court is stressful, and court proceedings are also public. Do you really want to air your dirty laundry for the enjoyment of other people?

Interest in alternative dispute resolution (ADR) has increased over the past few years, and two of the principal ADR techniques are mediation and arbitration. As experienced divorce lawyers, we have experience with both mediation and arbitration in Denver. But is either right for you?

Mediation””Like Negotiation but with Help

Mediation is a popular ADR technique for couples looking to reach an agreement so that they can speed up their divorce. If you can agree on child custody, child support, and the division of marital property, then you can get divorced much quicker than if you need a judge to decide these issues.

This is where mediation comes in. During mediation, you meet with a neutral person, called the mediator. He or she listens to the dispute and helps each side hear where the other is coming from. The mediator is not a judge. She does not pick a winner or loser or assign blame for the divorce in any way. Instead, she helps facilitate discussion so that the couple can reach a compromise.

Once you reach an agreement, you write it up in a settlement agreement and submit it to the court. Even reaching agreement on a few issues can streamline a messy divorce.

Arbitration””Like a Court Trial, but Private

Another form of alternative dispute resolution is arbitration. It is more like a trial than mediation. In arbitration, you submit evidence to an arbitrator (or panel of arbitrators). The arbitrator is often a former judge or an experienced attorney, and he will listen to the evidence. You can have witnesses testify and submit documents, just as you would in court. In the end, the arbitration will decide the issue by issuing an award in favor of one party.

One advantage of arbitration is privacy. The proceedings are closed. You ultimately need a judge to confirm the award, but the judge will not hear testimony on the contested issues. If you have a high net worth or want to maintain privacy, then arbitration could be a benefit.

Experienced Denver Divorce Lawyers

ADR is not appropriate in all situations, but it might be just what you are looking for in your divorce. To discuss your options, please contact Divorce Matters today. We offer affordable consultations, which you can schedule by calling 720-580-6745 or submitting an online message.

If I Get a Raise, Will My Child Support Increase?

Life happens, and because of this, a child support order is not permanent. Sometimes a parent may find themselves in a new job where they are earning more or they may receive a significant raise at work. On the other hand, sometimes circumstances go the other way, and a parent may find they’ve lost their job. Whatever your circumstances are, if you have a child support order in place there is definitely a chance that at some point it will need to be modified.

To modify a child support order, there has to be at least a 10% difference in the existing child support order and there is no mechanism in place that automatically changes a child support order when a change in circumstance occurs. If a change needs to be reviewed, you need to file a motion to modify child support with the court.

The short answer? You may have to pay more if you receive a raise at work. However, this is not necessarily a given. The difference between the existing child support order and the potential new one has to be greater than 10%. The court also needs to receive a motion to modify child support before the order will change.

Some other situations where child support may be modified:

  • A change in child custody and visitation
  • Reduced child care costs as a child gets older
  • Emancipation of a child

If you believe you need help with a modification of child support, contact the attorneys at Divorce Matters. We also offer a free child support and maintenance calculator app if you need help determining potential changes, our app can be found in both the Google Play and iOS stores, click here to learn more.

Which Kinds of Couples Should Steer Away from Collaborative Divorce?

Collaborative divorce is a great option for divorcing couples who are willing to work together to reach appropriate divorce solutions for their unique circumstances. When a couple chooses collaborative divorce, they can save a lot of money and get through the divorce process with minimal stress.

But collaborative divorce is not the right choice for everybody. Some couples simply are not suited to the more freeform structure that comes with collaborative divorce, and these couples are typically best served by litigation or mediation.

Couples who Cannot Communicate Effectively

Successful collaborative divorce hinges on a couple’s ability to communicate with each other effectively. When the partners cannot communicate in a constructive, respectful manner, there is no way for them to reach agreements about their divorce order.

Couples with a History of Domestic Violence

When one partner has a history of abusing the other, collaborative divorce is not the right choice. Even if the abuse happened long in the past, lingering fear, resentment, and a power imbalance make it impossible for the couple to work together in a productive way that serves both parties’ needs.

Couples who Do Not Trust Each Other

Similar to couples who cannot communicate effectively, couples who do not trust each other are not suited to collaborative divorce. After all, if an individual does not trust his or her spouse to be upfront about the state and value of their marital assets, how can he or she expect to have a constructive conversation about them? An individual who suspects his or her spouse is hiding assets may enlist a forensic accountant to locate any hidden assets to ensure they are accurately divided.

Sometimes, outside professionals have to get involved in a divorce to help the couple reach appropriate determinations, like valuing their home so the couple can decide whether to sell it or have one partner buy out the other’s share of its value. This is not the same as needing a forensic accountant to uncover hidden assets ”“ any time there is deception or even suspected deception at play in a divorce, the couple should not choose a collaborative divorce.

Couples who Need Structure and Guidance from the Court

Sometimes, even couples who can work together want the additional support and structure that the courtroom brings. These couples might choose to have the court determine every part of their divorce or just the parts where they cannot reach their own agreement, like their child custody order.

Work with an Experienced Denver Collaborative Law Attorney

Collaborative divorce is not for everybody. If you are not sure if collaborative divorce is for you ”“ or if you are certain that it is or is not the right choice for your divorce ”“ schedule your initial legal consultation with an experienced Colorado divorce lawyer today to learn more about your rights and legal options. Our team at Divorce Matters is here to help you take control of your divorce and move forward in a productive manner.

What are Some Good Reasons to Reduce the Amount of Alimony I Pay?

When the court calculates your spousal maintenance order, it does so using all relevant factors about you and your spouse’s incomes, financial needs, and lifestyle at the time of your divorce. But as the years pass and your lives change after the original order is signed, your needs and financial realities can change dramatically. When this happens, you can modify your maintenance order by filing a motion to modify it with the court.

The court has the discretion to determine whether or not to grant the modification you request. If it determines you have a valid reason for seeking the modification, it will likely approve the request. Below are a few good reasons to pursue a modification. In some cases, you can even request that your order be terminated before completing its originally stated term.

You Lost Your Job

Staff reductions happen. Layoffs happen. Terminations happen for a wide variety of reasons. The point is, if you lose your job against your will, you can state this as a valid reason for seeking a modification to your alimony order. Similarly, having to accept a pay cut is a valid reason to cite for needing an alimony modification.

The key phrase here is “against your will.” Voluntarily quitting your job is not a valid reason for pursuing a change to your spousal maintenance order.

Your Former Spouse is Cohabitating

In Colorado, spousal maintenance automatically terminates when a recipient remarries. With this in mind, many recipients choose to cohabitate with a new partner instead of remarrying. If your spouse is living with a new partner, provide proof that they are living together in your motion for a modification to prove that he or she no longer needs the amount of support outlined in your agreement.

You Become Ill or Disabled

The reality of living in the United States is that when you get sick, your medical expenses can put you into severe debt. When you are facing substantial medical expenses or the inability to work due to an illness or disability, you can cite this as a reason for seeking a modification.

You Have Another Child

Raising children is expensive. The court understands this, and it also understands that people move on after their divorces and often, moving on means remarrying and having children with a new spouse. In your motion to modify your spousal maintenance order, stating that you have a new baby to support is a valid reason to reduce your financial obligation to your former partner. Typically, this only applies to your own children, not your new partner’s children who move into your home.

Work with an Experienced Denver Divorce Lawyer

To learn more about the process of modifying an existing spousal maintenance order, schedule your legal consultation with a member of our team of Colorado divorce lawyers at Divorce Matters. Our team is here to answer your questions and help you achieve your post-divorce goals.

Signs Your Spouse is Looking for a Divorce

For many people, divorce strikes like a bolt out of the blue. One day, you are muddling along in the marriage, trying your best, but the next your spouse sits you down to tell you it is all over. No questions asked.

Should you have seen the writing on the wall? Many people point to common signs like fighting, infidelity, and emotional distance. But many couples can recover from those problems with a little work or couple’s therapy. Instead, the following are signs that divorce is imminent””and that your spouse does not want to try and save the marriage.

Your Spouse Makes Unexplained Withdrawals of Money

A husband or wife looking for a fresh start often tries to set themselves up financially by making large withdrawals from joint bank accounts. We are not talking about $10 or $20 taken from a checking account but large withdrawals of hundreds and thousands of dollars. When asked what the money is for, they have a vague story about family members needing a loan or a friend who had a medical emergency.

A spouse looking for divorce also might stop direct deposit to a shared bank account. This is also a sign that they are trying to set themselves up financially for an exit from the marriage.

Your Spouse is Spending More Time with the Children

In a custody fight, one factor a judge will look at is the extent of each parent’s relationship with their children. If your spouse has spent a lot of time away from home, then they will have a weaker case for custody.

For these reasons, a parent who is suddenly involved in their children’s lives could be thinking ahead about divorce. Watch for signs the parent is trying to document their relationship, such as signing homework or having their picture taken with the children. They could be collecting evidence to use in a custody fight.

Your Spouse Has Met with a Divorce Lawyer

Couples today are much savvier than their parents were about the legal implications of divorce. They will strive to protect themselves, and seeking out a lawyer’s advice is a logical step.

If your spouse has met with a divorce attorney, then you can expect that divorce is on the horizon. Protect yourself by meeting with a lawyer of your own. At Divorce Matters, our Aurora divorce lawyers have helped many men and women get the divorce that they want. Contact us today to schedule a comprehensive consultation.

The 2018 Divorce Matters Scholarship Winner

The 2018 Divorce Matters Scholarship Winner

We at Divorce Matters are proud to announce the winner of the 2018 Divorce Matters Scholarship, Miss Alexia Martin. We received many applications, but Miss Martin’s work ethic and personality shone through. We extend to her our congratulations.

Miss Martin will be attending the University of Florida this Fall semester. She proved her academic acumen in High School, with a GPA of 3.51. She served as the STEM Club President, was a member of the National Honor Society, a member of Key Club and was an AP Scholar.

On receiving the award, Miss Martin said, “I would like to take this opportunity to express my sincere appreciation and say that I am honored to be the 2018 Divorce Matters Scholarship recipient. Upon receiving the news that I was selected as the winner of your scholarship, I was relieved and overjoyed that I was awarded this form of generosity to pay for my education.

I will be majoring in Computer Science with a minor in Biomolecular Engineering at the University of Florida in the fall, and I am determined to follow my undergraduate years with a Masters in Cyber Security. With the financial assistance of this scholarship, my student fees will be covered allowing me to dedicate more time to my studies rather than a work-study job, which is of utmost importance to me. Lastly, I would like to pass on my admiration to the Divorce Matters Team. I find your mission honorable and I hope that one day I will be able to mirror the efforts of Divorce Matters by ensuring children affected by divorce aren’t burdened by disadvantages that may accompany a split household upbringing.

Again, thank you so much for awarding me the 2018 Divorce Matters Scholarship, it will undoubtedly help me pursue all of my endeavors in the sphere of academia and reach graduation in 2022.”

It is our honor and privilege to award Miss Martin with this scholarship, with the hopes that it will help her achieve her academic goals in her undergraduate studies.

We want to thank all of the applicants and we wish you the very best in your academic futures.

Should You Stay Together for the Kids?

Should You Stay Together for the Kids?

Everyone has heard the phrase, “Staying together for the kids.” But is it always a good idea? To decide whether sticking it out for the sake of your children is the right option for you, you should analyze the pros and cons.

Pro: It Will be Easier Financially

Maintaining two households is expensive, and many parents are struggling or barely making ends meet as is. Can you really afford for one parent to set up an apartment somewhere or buy a new home? You will probably pay more in food, gas, and utilities, to say nothing about the extra mortgage or rent payment. If you can not swing a separation financially, then you might need to stay together.

Con: An Abusive Relationship Can Harm Your Children

Some marriages are so tumultuous or abusive that your children live in fear and probably avoid asking friends to come over. Hearing that the marriage is over might elicit a sigh of relief. By ending the relationship, you can dramatically improve your children’s state of mind and can also be more available for your children.

Pro: Your Children Could be Harmed by Divorce

Many people believe that children are resilient and can come through the divorce with flying colors. Although that may be true for some children, it certainly is not true for all. As Time Magazine reported recently, many middle-aged people are speaking out about the pain they have carried from their parents’ divorce decades ago. Therapist Judith Wallerstein, for example, argued in her book The Unexpected Legacy of Divorce that children experience more serious, and longer lasting, harm than many people have suspected.

Con: You Model for Your Children that it is Okay to be Miserable

Children look to their parents as role models, and people who are miserable and constantly bickering set a terrible example for their children. Some parents wrongly believe that they are effectively hiding their disagreements from their children. But as psychologist Leslie Becker-Phelps has argued, children pick up more than you might think. Children will learn that you cope with stress by denying that there is a problem””a terrible lesson for your children going forward.

Considering Divorce? Discuss Your Legal Concerns with a Lakewood, Colorado Divorce Lawyer

Whether to get divorced is a complicated question, and only you can answer it. However, if you have questions about how a divorce will affect you legally, you should meet with an experienced Greenwood divorce attorney. At Divorce Matters, we offer potential clients a free consultation, so please contact us today.

 

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.

What Do I Get to Keep After My Divorce?

When couples get divorced, one of the first things on their mind is: What do I get? Divorce is a stressful situation, so knowing that you’ll get something softens the blow a little. But still, you want to make sure you get your fair share based on what you contributed to the marriage.

Marital property division is complex, especially when the couple has been married for decades and has accumulated numerous assets during that time. Ultimately, marital property is divided in an equitable manner as the court sees fit. However, there is no formula for determining who gets to keep what assets. To be clear, you and your spouse may agree on property division during mediation. If you can’t agree on your own, though, a judge will. You may or may not receive the assets you deserve, which is why it’s a good idea to have a lawyer on your side.

What is Considered Marital Property?

Just about everything acquired during the marriage is subject to split in a divorce. This includes not only cash but also homes, vehicles, boats, furniture, antiques, collections, businesses, stocks, retirement accounts and pensions. This is referred to as marital property.

It doesn’t matter if a certain asset””such as a home, vehicle or 401(k) account””is titled in one person’s name only. If one spouse has a sports car in their name only, the other spouse still has the rights to it in the divorce regardless of titling.

What is Considered Non-Marital Property?

There are some exceptions to the above, though. Not everything acquired during the marriage may be marital property. For example, gifts and inheritances given to one person from a third party are considered separate property. The same goes for pain and suffering payments from a personal injury award. Property that a person bought before the marriage is also considered non-marital property.

It’s important to understand, however, that separate property can easily become marital property if it’s not protected. For example, if you receive an inheritance and put it in your joint checking account, it can now be used by the other spouse. This process is known as commingling.

The same applies to property owned before marriage. If you bought a house before you were married, but your spouse has paid to maintain it, then it is now marital property and subject to split in a divorce.

Contact a Highlands Ranch Divorce Attorney Today for Help

Dividing property can be tricky during a divorce since not all assets are worth what they appear to be once you factor in taxes, fees and other things that can decrease an asset’s value. It’s important that you understand what you’re entitled to receive in a divorce while protecting non-marital assets.

If you are going through a divorce, make sure you get your fair share. The Highlands Ranch divorce attorneys at Divorce Matters can help. We can assess your assets and help you make the right decisions. Schedule a consultation today by contacting us at (720) 408-6595.