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.

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.

Relocating With Children After Divorce

In this article we discuss the issue of relocating with children after a divorce or allocation of parental responsibilities order has already been entered. Relocating to another state with a child is a big decision, and unsurprisingly the courts take this issue very seriously. In addition to the usual statutory considerations as to what is in the best interests of the children, there are nine additional factors that the courts consider when determining how to resolve a relocation motion. Instead of going through all of the factors we’re going to highlight some of them that are unique to relocation matters that we have found to be critical, although it’s important to note that judges can give differing amounts of weight to any of these factors as they see fit. For a list of all the factors a court can consider see C.R.S. § 14-10-124(1.5)(I”“ XI) and C.R.S. § 14-10-129(2)(c)(I”“IX).

One of the most important considerations for any judge is the presence of family where the children currently reside versus where the proposed new location is. Most judges give significant weight to how the move will impact family ties. If children will be gaining family members to be around, especially if they have already established positive relationships with them, it can help boost the chances of being able to relocate. Conversely, a parent who wants to move children away from family members may experience more difficulty in being allowed to do so.

Courts also inquire into the educational opportunities for the children where the children currently reside versus where the proposed new location. School rankings, extracurricular activities and clubs, and advanced educational programs such as International Baccalaureate are just some of what can set one school apart from another. Whether you’re the parent who wants to move or you’re wanting to prevent the move, you’ll want to be intimately familiar with the educational opportunities at both locations.

Last, but certainly not least, we’ll examine the two factors at the very core of the move: Why does one parent want to move and why does the other parent want to prevent the move? For example, if Dad wants to move to sunny California because he’s tired of winter a court would be less likely to grant that than if Dad wanted to move to California because he found a new job that would double his salary and be closer to family. The way a court examines the reasons a parent objects to the proposed move is more nuanced than it appears at first glance. Although it may seem obvious that the reason a parent objects to the move is because they want to be near their children, this isn’t exactly what a court is looking for. Essentially, the judge wants to know the specific reasons as to why a parent thinks it will be worse for the children to move instead of simply objecting to the move because it would make the parent sad or simply to make the other parent’s life more difficult.

Planning and preparation is key to winning or defeating a motion to relocate. You can’t change the facts, but effectively planning out your case and strategizing at an early stage improves your chances of success. Hiring an attorney before filing or as soon as you are served with a motion gives you the best opportunity to put on an effective case.

If either you or your ex is planning on relocating and your children are involved, reach out to Divorce Matters today and our experienced attorneys can help guide you on what the next steps are.

Spring Cleaning After Divorce

Finally, spring has officially arrived! This is the time of year where you begin to uncover your patio furniture and open up the shutters and let the fresh air in. Spring cleaning is a great way to shake off the cobwebs of winter and make room for newness in your life. This can be particularly cathartic when you are dealing with divorce.

Divorce inevitably changes your financial situation. This is a great time to assess your finances as a whole and create a budget for the rest of the year. Take a look at your savings account and create a plan for adding money to this account as an emergency fund for a rainy day. Check your credit, clean up anything that is reported incorrectly, and create an action plan for improving your score. If you haven’t changed anything with your retirement plan recently it may be time to take another look and see if you want to change your investment strategy. Taking control of your finances is a great way to empower yourself and to gain control of your future.

Another area of your life you can try and improve is your physical and mental health. It’s important to make sure you are taking care of yourself and sometimes this can fall by the wayside, especially when you are going through divorce. Now that the weather is turning warmer, get outside and get some physical activity in! This can be incredibly beneficial for you physically but it also offers other important mental health benefits. Studies show that physical activity can relieve stress, boost your overall mood, and help you sleep better.

And finally, take some time to clean your home in traditional spring cleaning fashion. Make use of this time to get rid of things you no longer need so you can make way for new things. Deep clean everything and open up your windows to the fresh air. Just the act of cleaning is often stress-reducing and when you’re done you’ll have knocked spring cleaning off of your to-do list.

Volunteer Day with Knights of Heroes

Working together with non-profits within our Colorado community is important to our Divorce Matters team. One of the charities that our firm is involved with is Knights of Heroes, a group that hosts families who have lost a loved one in the line of duty. They provide spring and summer camps where their volunteers mentor the children of these families.
A group of us spent a day up in the mountains at the Knights of Heroes camp helping them prepare for their spring session. We had a blast helping them get ready and are proud to support Knights of Heroes. To learn more about this amazing organization visit them here.

Your Legal Rights if You’re Not Married

In general, married couples tend to have more rights and benefits than couples who are not married. Without a marriage certificate, couples often have no rights when it comes to legal, medical or financial decisions for the other party. Even if you live together for decades and consider, you won’t be automatically considered husband and wife for legal purposes unless you take certain actions to protect your rights beforehand. Should one of you die, assets are left to the person’s parents and siblings.

However, this does not mean that you have to get married against your wishes just to get the protection you desire. Colorado allows you to enter a common law marriage without actually getting married. If you and your partner present yourselves as husband and wife, your relationship may be recognized as a marriage to some degree. To fully protect your legal rights, though, you need to be proactive and take advantage of the legal documents available to you.

Rights of Unmarried Couples

In the event that something happens to you or your partner, you’ll want to take the appropriate steps to make sure you are both protected. Otherwise, a breakup or death could leave either party without the property they were hoping to receive.

One thing you might want to consider is a cohabitation agreement. This outlines who pays for what expenses and what will happen to expenses or property should you break up. This agreement will also outline who will move out and what will happen to the home you live in. Unmarried couples have a disadvantage because they don’t have divorce court to protect their assets like married couples do.

If you are unmarried, it’s important to have a will in place. If you were to die without one, state law would give your assets to your blood relatives””namely, any children, parents or siblings. Your partner would receive nothing. With a will in place, though, you can designate where your assets will go upon your death.

Rights of Unmarried Couples With Children

When a couple has children and decides to break up, the mother has the advantage. In some cases, courts will rule in favor of the mother when it comes to custody issues; however, this is not always the case.

When a couple is married, it is automatically assumed that the husband is the father. This is not the case with unmarried couples. An unmarried father must establish paternity by adding his name to the child’s birth certificate and signing an Acknowledgement of Paternity Affidavit. Once paternity is established, the father will be able to seek custody of the child. Of course, in turn, he may also be forced to pay child support.

Seek Advice from an Experienced Aurora Divorce Attorney

To some, marriage is just a piece of paper, but it offers so many rights and benefits. If you do decide to live together as a couple without marriage, make sure you understand your rights should you decide to split up or if a partner dies. The Aurora divorce attorneys at Divorce Matters can advise you on how you can protect yourself during the course of your relationship. To schedule a consultation, contact us at (720) 408-7469.