Congratulations to the 2021 Divorce Matters Scholarship Winner, Paola Gascot!

Divorce Matters is proud to announce Paola Gascot-Chinea as the winner of the 2021 Divorce Matters Scholarship. Although we had a lot of qualified applicants this year, Paola stood out among them. Our committee was impressed with Paola’s academic involvement, work ethic and abundance of extracurriculars that positively affect Paola’s community. Paola will be entering her second year at Denver University, majoring in Environmental Science.

Paola’s achievements and involvement in her community stood out above the rest. Some of her high school involvement includes the Student Equity Working Group, the Hispanic Latino Student Alliance, founding the Women’s Forum, playing tennis and running cross country, volunteering as a peer mentor at Our Turn (a non-profit bringing equality to education), and volunteering at the Children’s Hospital of Aurora. In college, Paola has joined a living learning community for environmental sustainability to dig into her interest in the environment. She has also joined the Pi Lambda Chi sorority for Latina students.

When asked what this scholarship meant to her, Paola told Divorce Matters, “This scholarship means everything to me. As I answer these questions, I feel emotional and I feel the urge to cry happy tears! I have worked so hard and I have gone through so much that it feels amazing to know that all of that hard work has paid off. It’s even more of a relief that I can focus on my studies and take it one day at a time. I don’t have to be rushing or finding ways in order to pay for my education, as I do pay for my own studies.”

It is our honor to award Paola with this scholarship. We wish her the very best in her undergraduate education, and in achieving her goal of applying her Environmental Science degree to making a difference in both low-income communities and communities of color. To everyone reading this, Paola would like to say that “anything is possible if you set your mind to it. At the moment it may feel like not much is going to happen but results don’t usually start showing until further down the road and it is more than okay to fail because that is how you learn. That is how you become a better person.”

We want to thank everyone that applied and wish you all the very best in your academic endeavors!

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.

Everything You Need To Know About QDRO’s

What is a QDRO?

 

QDRO stands for Qualified Domestic Relations Order. The simplest way to describe it is as a legal document that splits up the funds in an ERISA (Employee Retirement Income Security Act) qualified retirement account. It is filed with the court as a part of a divorce or separation agreement stating that one spouse gets a pre-determined percentage of their ex-spouse’s retirement plan assets. One thing to note, if you choose to split retirement assets without a QDRO, the account holder is still responsible for taxes on the assets transferred. If you have a QDRO, your former spouse is then responsible for taxes once the funds are transferred.

 

Can a QDRO be reversed?

 

If you decide you’ve changed your mind about wanting a QDRO but it has already been received and processed, it is nearly impossible to reverse. The only way to have it changed is if the courts and the administrator agree that the QDRO goes against your divorce agreement and needs to be modified. If there is a misalignment, you might have to go back to your ex-spouse and re-negotiate in order to get the QDRO amended.

 

Do You Need One?

 

It is a good idea for anyone with retirement plan assets going through a divorce or separation to have a QDRO. In many cases, issues related to QDRO’s are overlooked and left unresolved, so it is important to speak with an experienced attorney about your retirement accounts to ensure you have a QDRO in place if necessary and that you’ve cover everything correctly in your divorce agreement.  Not many attorneys draft QDRO’s, but Divorce Matters attorney Ashley Balicki is skilled in drafting QDRO’s specifically. If you would like to speak with Ashley or any of our other experienced attorneys about your situation, contact Divorce Matters today or call us at (720) 542-6142.

Get to Know Our Denver Tech Center Office

About This Office

 

Our Denver Tech Center location is one of our four offices here in Colorado, and also serves as our headquarters. Recently we relocated just up the street into a brand-new, larger office space that can accommodate our growing team and is much easier to navigate to. We love our new space because it allows us to continue growing and expanding while offering a better location for our clients.

 

Who Are We?

 

We are a client-focused practice that understands that divorce, child support, and other family law issues can be extremely stressful and difficult. That’s why we are here to take away some of that stress and difficulty. Every day we uphold our values of integrity, tenacity, compassion, and excellence when assisting and representing our clients. Our firm won’t treat you like just another client or another case. We treat every client with compassion and tailor every legal approach to the specific needs of each of our clients. This ensures that you are set up for a future that you and your family can look forward to.

 

Why Our Denver Tech Center Office?

 

Our Denver Tech Center office is the perfect location for anyone located in Denver and any of the surrounding metropolitan cities such as Aurora, Centennial, Littleton, Castle Rock, Highlands Ranch, and many more. Our other locations are located in Lakewood, Fort Collins, and Colorado Springs, ensuring that we can serve our clients all up and down the Front Range. If none of our offices are convenient to where you live, we are also able to accommodate virtual consultations and meetings, and our attorneys will travel if necessary for our clients.

 

If you would like to set up a consultation with one of our many experienced attorneys at this location or any of our other three locations contact us here or give us a call at (720) 542-6142.

Who Is Divorce Matters?

Divorce Matters is a family law firm consisting of 15 experienced family law attorneys and 25 support staff serving all of Colorado, with offices in the Denver Tech Center, Lakewood, Fort Collins and Colorado Springs. Since our founding ten years ago, we have helped thousands of clients throughout all of Colorado transition to their new future with dignity and compassion.

The core values that we practice are integrity, tenacity, compassion and excellence. All of our employees, from the client relations specialists to the partners, uphold these values every day. Our approach is always a client-focused, humanistic one where we provide guidance and wisdom when you need it most. When you begin the process by calling into our firm, we have a dedicated intake team that listens to your situation and pairs you with the attorney that they believe you will work the best with. Once you’ve had your initial consultation with your attorney and you have decided to become a client, the line of communication is always open, and we will strive to never drop the ball on you and your case.

We truly care about your experience with us and want you to get the most out of your time with Divorce Matters, from start to finish. We know these are difficult times in your life, but we are here to take some of that stress and frustration away. Hiring one of our attorneys to handle your case can benefit you in so many ways, but often the most important immediate impact is that we will make the process less difficult for you by removing stress, anxiety and fear from the equation. Our firm can assist you with a wide array of issues – from big to small, simple to complex – and we take pride in handling every case with tenacity, compassion, integrity and excellence. Our #1 goal is to set you and your family up for a happy, successful future.

If you need our services or would like to set up an initial consultation with one of our attorneys today, please contact us here.

What Is A Durable Power of Attorney? Do I Need One?

What is a durable power of attorney?

A power of attorney is a document that authorizes someone else to handle certain matters on your behalf. These matters can be legal, financial, or medical. An ordinary power of attorney expires if you become mentally incompetent to make any decisions, whereas a durable power of attorney includes specific wording that keeps it effective even in the event of incapacitation. The main purpose of making a power of attorney durable is to plan for medical emergencies or a decline in mental state and have someone appointed to make decisions for you when you cannot. This power of attorney can take effect immediately after signing or can only become effective if you become incapacitated.

Do I need a durable power of attorney?

It is recommended that everyone have a durable power of attorney so in the event something does happen, your named durable power of attorney will have the ability to handle your financial and medical decisions if you cannot. In order to prepare ahead and avoid any difficulties for your loved ones if a situation were to arise, it is best to have a durable power of attorney in place. Most people only think that a power of attorney is needed once you reach retirement or older. However, a power of attorney and other estate planning documents (Link) are beneficial for all adults, no matter your situation, in case of any emergency that might leave you incompetent.

Do I need to update my power of attorney documents if I’m getting a divorce?

Updating your power of attorney documents is important to consider when going through a divorce, or any other life changing event. If you are going through a divorce, you likely wouldn’t want your soon to be ex making medical or financial decisions on your behalf. In this case, it is best to update your powers of attorney to another trusted individual who can best look after your medical and financial interests.

It is always best to talk to an estate planning attorney when creating or updating your estate planning documents to make sure you have the most legally sound plan in place for your best interests. Our attorney Miguel Mondragon is an expert in estate planning law, so if you need these documents crafted or updated please contact us today.

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.

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.