Category: Divorce

How Can I Minimize The Cost Of My Divorce?

I get asked “how can I minimize the cost of my divorce” 3 or 4 times a week. I wish I could say, “Your divorce will cost X”, but for most attorneys, divorce is an hourly fee proposition. This means that you are paying your attorney by the hour and the cost of the divorce […]

How Courts Decide Parenting Time in Colorado

Going through a divorce is stressful.  While dividing property and other assets can be contentious, the issue that many couples struggle most with is how to divide custody and who gets decision-making control.  If you don’t come to an agreement on your own or through mediation, the court will issue binding orders that you are […]

What is Alimony or Maintenance Income in Colorado?

We use the word maintenance rather than alimony income in Colorado because it is need based, not punishment based or anything else. During the process, you have to show that you have a need for maintenance or alimony. This is awarded based upon your need and your ex-spouses’ ability to pay. There’s a formula used to calculate […]

How Can I Keep My House In My Divorce Case?

I get asked “How can I keep my house in my divorce case” a lot. You will need to refinance the mortgage and remove the other party from the liability in order to keep your house. You can’t keep the home and also keep the other person responsible on the mortgage. The first thing to […]

Do I Need to File For Divorce in the State That I Got Married in?

No, you don’t. You need to file for divorce in the state where you presently reside. In Colorado, you need to have been here for at least three months essentially before you can file for divorce. So you need to file in the state where you presently reside. It doesn’t really matter that if you […]

When Is Divorce Mediation An Option?

Divorce mediation is an option in almost every case unless there happens to be a history of domestic violence or civil protection order for example. At the initial status conference, the court will order mediation in almost every case and that is an excellent way to resolve your situation. Mediation is cost effective, it is […]

What Are Common Mistakes Made During the Divorce Process?

The biggest mistake, quite frankly, that people make is not seeking out legal advice. Maybe you don’t have the money to hire an attorney to represent you through all stages of the process, but you should definitely do at least one consultation with an attorney to discuss your rights and liabilities moving forward. Please come […]

Can I Go Back To My Maiden Name After My Divorce Is Final?

The actual answer to that is no. Once the decree of dissolution of marriage is entered, and you did not change your name, you can’t. The only way that you can change your name moving forward, is to file a separate action for a name change, and that is a pain (to be honest with […]

What To Expect Post Divorce?

We have to look and see are there any assets that we need to complete their division. After the divorce decree is entered, a lot of times we are dividing up a retirement account. The issue then becomes is this a 401(k) account that requires a qualified domestic relations order? Is this a para or […]

Will I Lose My Retirement or 401K During A Divorce?

This depends on the assets that are available in the case. It also depends on whether or not you had that retirement account prior to the marriage. If you owned that retirement account prior to the marriage, the balance in that account as of the date of the marriage is your separate property and is […]