The cost for your divorce will depend on how many issues are in dispute and the difficulty level of the settlement of those issues. The more you and the other party can agree on issues, the less legal fees are typically incurred. Your divorce could cost more or less depending on the factors unique to your case.
We have structured different fee arrangements to meet your needs. We provide hourly legal services, sliding-scale legal services based on your income, and limited-scope representation.
Our clients most frequently are charged hourly rates for legal services. Hourly rates are deducted from your retainer as work is performed. Retainers are determined on a case-by-case basis. Cases with more complicated issues and significant preparation and litigation time require a larger retainer.
Colorado law requires 91 days after the time of filing to issue a divorce decree. Unfortunately, there is no option to expedite this process. Our attorneys can assist you in speedily preparing and filing your divorce petition to begin the tolling of the 91 day period.
Child support depends on a series of factors including, but not limited to, how much time is spent with the children, who pays for their health insurance, who pays for daycare, and whether or not there are other children to support. You need to schedule a consultation in order to determine how much child support entitled to you.
The term alimony is no longer used in Colorado. We now refer to spousal support as “maintenance.” Like child support, maintenance depends on various factors including, but not limited to, financial resources, ability of other party to pay maintenance, duration of the marriage, standard of living during the marriage, age and health of the spouse seeking maintenance, education and ability to obtain education of the spouse seeking maintenance, and future income earning potential. We can help you ascertain the probability of success in a court awarding you maintenance.
The term custody is no longer used in Colorado. Today, Colorado uses the two separate concepts of parenting time and parental decision making. Being granted all of the parenting time and all of the parental decision making is extremely rare and typically only granted in child endangerment cases. The amount of parenting time awarded to parents depends on the age of the child, the child’s ability to attend school without disruption to his or her schedule, and other factors relating to the best interests of the child. In order to give you concrete answers regarding your particular situation, please schedule a consultation.
Normally, courts will not consider spousal infidelity when determining the outcome of a divorce. Colorado is a “no fault” divorce state. This means that the court will not consider the reasons why the parties are seeking a divorce or “fault” during the divorce proceedings. A court will only consider party behavior in cases of child endangerment or dissipation (unreasonable depletion) of the marital assets.
Once you file for divorce, the court will immediately order the parties to refrain from taking the children out of the state of Colorado for any reason, refrain from transferring, destroying, or borrowing against any marital property, refrain from canceling any insurance coverage, refrain from disturbing the other party in any manner until such time as the divorce concludes. If a parent removes the children from the state after the court enters these orders, the parent will be held in contempt of court and may face jail time, fines, or other appropriate sanctions. Further, the court can order that the children be returned immediately to Colorado.
Depending on your circumstances and the degree of threat as evidenced by past actions, you may or may not qualify for a restraining order. We would need to hear the specifics of your situation before providing you with guidance on how to proceed. If you are concerned for your safety we advise you to notify the police immediately and then speak to an attorney regarding an order of protection.
Colorado recognizes common law marriage and determines common law marriage on a case-by-case basis. The time that you live with your significant other is only one of many factors the court will consider when determining if you are common law married. Other factors the court will weigh include, but are not limited to, the nature and extent of the relationship, sharing of finances, whether the couple claims to be married to the public, and whether the couple has assumed one another’s names. The best way to find out whether or not you are common law married is by consulting an experienced divorce attorney.