Finding the Right Attorney

Finding the Right Attorney

Dealing with family law issues, including divorce and child custody, can be one of the most emotional experiences you’ll have in your life. Because the process is timely and can be draining, it’s critical that you choose a family law attorney who fully understands your situation and your needs. Not all family law attorneys will treat your case the same, and it’s important to find one you trust and like working with.

In order to find the right attorney, it can be useful to meet with more than one before deciding who you want to work with; many attorneys will provide a free or reduced fee consultation to discuss your case. These meetings are your chance to educate yourself about the process and about that individual attorney. If you don’t select one that you meet with, remember that’s OK — it’s a personal decision you must make, it’s not personal to the attorney.

Here are some general rules to consider:

1.      Trust is key. You must trust that your attorney understands you and your case.

2.      Experience is insightful. Ask the attorney about their work, how long they’ve been practicing, why they chose to practice in this area. Get a feel for their understanding of your circumstances and whether they’ve dealt with any similar cases.

3.      Offices are illustrative. You might get much more out of going to the attorney’s office than you think — because you’ll likely spend some time with your attorney, get a sense of what the office environment is like and whether you’ll be comfortable there throughout the process.

4.      Websites explain a lot. Be sure to do your web research. Ensure that your attorney regularly practices in the family law area. Many attorneys offer family law services to their friends and family, but if it’s not their main practice area, you may end up unsatisfied with their work. Consider their website as a fair representation of what they practice.

5.      Check your presumptions at the door. Don’t assume that a male attorney will be the best advocate for a man in a relationship or that the opposite is true. There are a full range of family law practitioners that represent a full range of clients. What’s important is that they understand you and your situation.

6.      Don’t be afraid to talk about money. All attorneys would prefer to discuss fees from the outset and many are willing to work with you to find an arrangement that works for you. Also, don’t let the lack of a free consultation dissuade you from meeting an attorney. Many of those who charge for the first consultation will fold that payment into their overall fee for your case. 

Collaborative Divorce

For some couples and families, the traditional divorce model can be a poor fit for their situation, either because they have previously decided how they’d like to structure their divorce and their lives after divorce, or because they’d like to avoid a courtroom and litigation altogether. Collaborative divorce can be an ideal alternative to those who are looking for a transparent, mutually beneficial divorce.

The collaborative model typically involves more than just attorneys for each of the parties. From the outset, both parties must agree with their attorneys to pursue a Collaborative track. From that point forward, depending on your needs, an attorney may suggest including a financial professional, Collaborative Divorce Facilitator, child specialist, real estate agents, or others to consult on the divorce proceedings. The key to a collaborative divorce is that you, not a judge, decide what is fair, and because both parties have to agree, most of collaborative divorce agreements provide a long-term roadmap for life after divorce.

Learn more about collaborative divorce here.

Limited Representation: Why an Attorney May Be Helpful

Colorado makes it easy for couples to file for divorce without the aid of an attorney. Going this route is ideal for couples who don’t have children and who don’t own property together. However, filing for divorce without the aid of an attorney isn’t for everyone. The paperwork alone can be overwhelming, and in the emotional turmoil of a divorce, finding a sounding board can be helpful.

Most couples can benefit from an attorney’s review of the documents before they submit them to the court. Others may want an attorney to draft all of the documents needed for a divorce, without the attorney representing either party.  Some individuals may want ongoing legal advice and guidance from an attorney, without the attorney appearing with them in Court.  Finally, some individuals may want to contract with an attorney to appear in Court for a single hearing, but not the entire case.

These options are often called limited representation, and many family law attorneys will make their services available for this type of work. It can be a more affordable option for couples who want to ensure they have everything in order, or individuals who cannot afford full representation but still want ongoing assistance. As a good point of reference, if you’re unsure whether an agreement is fair or balanced, it may help to speak with an attorney about limited representation.

Legal Separation v. Divorce: Which Is Right for You?

The term legal separation is used frequently in the news when describing celebrity couples who are considering divorce. A legal separation is similar to a divorce in that both allow the parties to live separately, but a couple remains legally married under a legal separation. During the course of a legal separation, the couple has a court order that details the rights and the responsibilities of both parties. These agreements can include statements related to the division of assets, maintenance or spousal support, and custody and visitation of children.

A legal separation isn’t for everyone, though some states have a period during which divorcing couples must be legally separated. Colorado has no such requirement, but couples who aren’t sure whether they want to pursue a divorce or not, may want to consider a legal separation instead. It sometimes allows spouses to retain medical and other benefits that a divorce would end, and it may provide spouses the requisite time and space they need to determine what their next steps should be.

If you have questions about whether a legal separation might be right for you, contact an attorney today to learn more.

Disclosures: A Guide

When filing for divorce, whether you are using an attorney or filing by yourself, there is an inevitable amount of paperwork. In order to ensure the court is providing the best solution, the judge or the other party can request dozens of different types of forms and statements.

Before you file for divorce, it may help to gather some of the following documents:

1. Sworn Financial Statement — both sides must fill out this form (Forms JDF 1111 and JDF1111SS, both available here)
2. Income Tax Returns from the three most recent years
3. Personal financial statements from the three most recent years; these can include loan documents, credit applications and the like
4. Business financial statements — these are only for individuals who have financial interest in a company
5. Real estate documents including the title of any owned real estate
6. Personal debt statements that who the balance and any payment terms
7. Investment statements
8. Employment benefits and retirement plans
9. Banks and financial statements

10. Income documentation (generally the most recent three months of pay stubs)

11. Employment and education-related child care documents

12. Insurance documents including health, life, and property insurance

13. Statements related to the expenses for children

If you are uncertain of what some of these forms are or if you have questions about what you should be prepared with as you go through the divorce process, it is best to consult an attorney.