FAQ

How much do you charge for doing a divorce and how much retainer do you need?

Unlike most law firms, we do not charge on an hourly basis. We work on a flat fee. The charges for your divorce will depend largely on whether or not mediation and/or trial is required to finalize your divorce. Another variable is the discovery required in order to determine your case.

Our typical contested divorce done on a flat fee typically costs around $2,000.00 to $4,000.00. Nevertheless, you should be aware that your divorce could cost more or less depending on a series of factors. We require a $500 retainer to begin work on your case. Non-contested divorces which only require document preparation and consultation are done for a flat fee of $400.00.

I don’t have $500.00 but I have a contested divorce, what should I do?

In certain cases we may be able to take the case on a lien basis and/or we can ask the court to order your spouse to pay your legal fees. This is a determination we will need to make ahead of time and you will need to schedule a consultation to see whether or not you would qualify.

I need a divorce right away, is there a way that we can be divorced right away?

No. Colorado law requires that a court wait 90 days after the time of filing to issue a divorce decree. We can file the divorce right away but thereafter, there is no way around the 90 day waiting period. You have to file and then wait at least 90 days before the court can issue a decree.

I got married in a different state and my spouse lives in a different state, can I file for a divorce here in Colorado?

Yes, as long as you have resided in Colorado for at least 90 days.

We have two children and I make $20,000 per year, my spouse makes $60,000 per year. How much child support should I get?

This will depend on a series of factors more such as whom gets how much time with the children, who pays for their health insurance, who pays for their daycare, and whether or not either parent has other children to support. You will need to schedule a consultation in order to find out as to specifics of your case and how much child support you may be entitled to per the statutory guidelines.

I need Alimony, can you get me Alimony?

The term Alimony is no longer used in Colorado. It is now called Maintenance. An award of maintenance depends on the following a series of factors 1) The financial resources of the party seeking maintenance 2) The ability of the party from whom maintenance is sought to meet his or her own needs while meeting the needs of the spouse seeking maintenance 3) The duration of the marriage 4) The standard of living established during the marriage 5) Age and health of the spouse seeking maintenance 6) The time necessary to acquire sufficient education/training to enable the party seeking maintenance to find appropriate employment in order to support him or herself 7) Each party’s future income earnings capacity. An attorney experienced in the field can help you ascertain the probability of success in seeking maintenance.

I want full custody of our children, can you get me full custody?

The term custody no longer exists in Colorado. Custody has been broken out into two concepts: parenting time and parenting decision making. Full custody is a rarity anymore. Unless there is a danger posed by one party or another to the child, it is rare that one parent will get all the parenting time and all of the parenting decision making. Rather each parent is given a certain amount of each. The amount of time assigned will depend on the age of the children, the children’s ability to attend school without disruption to their schedule, and other factors relating to the best interests of the child. In order to give you concrete answers addressing your particular situation, a consultation would be necessary.

The reason we are divorcing is because my spouse is cheating. How can I use such evidence to my benefit?

Normally, you can’t. 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 whose fault it is that the couple is divorcing. The only time a party’s behavior may even be considered is if there are children and the parent's behavior is affecting the children or their behavior relates to dissipation of assets (For example, a gambling addiction).

I’m afraid my spouse will take the children with her to another state if I file for divorce, what can I do to prevent that?

File for divorce immediately and serve the other party. Once a divorce is filed, both parties are immediately ordered by the court effective immediately to 1) not take the children out of the state of Colorado for any reason 2) not transfer, destroy, or borrow against any property owned 3) not cancel any insurance coverage on the other party 4) not disturb the other party in any manner until such time as the divorce concludes. If a parent disregards the order to remove the children from the state of Colorado, the court can order immediate return of the children to the state of Colorado, order jail time, a fine, or other appropriate measures as sanction for violation of the court order.

I’m afraid my spouse will physically harm me and/or the children if I file for divorce, can I file for a restraining order?

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 case before being able to give a concrete answer to this question.

My girlfriend and I have been living together for the past 7 years, she says that we are now common law married, is this true and do I have to divorce her now even though we’ve never actually been married?

Common law marriage considers a series of factors and is a case by case determination. Among the factors the court will consider in determining whether or not you have been common law married are:

1. Nature and extent of relationship, such as:

A.Duration of relationship

B.Exclusivity of relationship

C.Structure of relationship

D.Procreation of children

2. Sharing of finances, such as:

A.Joint bank accounts

B.Joint loan accounts

C.Joint ownership of property

D.Joint assumption of bills

3. Presentment as a married couple to the public, such as:

A.Filing joint tax returns

B.Including partner as a dependent person on withholding records

C.Presentment before any public or private institution as a married couple

D.Presentment before private individuals as a married couple

4. Legal assumption of Names, such as:

A.Assumption of man’s surname by the woman

B.Assumption of man’s surname by the children

As such, Common law marriage is a case by case determination and there is no hard and fast rule about it. The best way to find out whether or not you are or are not common law married is by consulting with a lawyer experienced in the matter regarding the specific facts of your case.