Colorado Pre-Divorce Planning
Experienced & Skilled Divorce Counsel
Planning a divorce requires more thought, time, and energy than planning a wedding. If you have come to the conclusion you are ready to end your marriage, there are certain steps to take before you begin any legal proceedings. At Jorgensen, Brownell, & Pepin, we are a team of divorce lawyers who are dedicated to helping you survive this difficult time with ease. We understand just how painful, complicated, and drawn-out a divorce can be. This is why we make it our priority to advise you on how to move forward as seamlessly as possible while protecting the things that matter to you most.
Did you know that before you even inform your spouse you are ready for a divorce, there are certain steps you need to take, such as pre-divorce planning? Most people go into a divorce blindly because they have never experienced the ending of a marriage before. It can certainly be a frightening situation to walk into without proper legal family law counsel, which is why our pre-divorce planning lawyers are determined to help you not only survive but thrive.
Here are a few key elements that are important to consider during pre-divorce planning:
- How to break the news to your spouse and children
- What will happen to your marital home
- How you will negotiate your parenting arrangements, such as parenting time and decision-making
- Living expenses and legal fees
- Bank accounts
- Child support and spousal maintenance (alimony)
- Possible relocation
Contact Our Respected Divorce Lawyers
With 30 years of legal experience, we at Jorgensen, Brownell, & Pepin are ready to guide you through this transition. No matter the complexity of your case, we are ready to take on the challenge. Our pre-divorce planning lawyers in Colorado strive to provide you the solution you’ve been looking for, and this starts with pre-divorce planning. Don’t go into what may be a long road ahead without the proper direction and preparation.
Frequently Asked Questions
How much does a divorce cost in Colorado?
Filing Costs
The bare minimum cost for a divorce includes the filing fees. To get divorced, the two spouses may file the petition together and share the filing fee, or one spouse can file the petition, and the other can file a response.
The petition is a request for a divorce and gives the court the information it needs to move forward with the divorce.
The response allows the other spouse to correct any misstated information and object to the information in the petition.
The cost to file a petition is $230, and the cost of filing a response is $116. The court has resources for parties who cannot afford the filing fee.
Mediation Costs
Divorces are complicated, and spouses often need the assistance of a professional to help them sort out all of the issues. The court will order parties to attend mediation with a professional if they are unable to resolve all issues on their own before the court will hold a hearing to decide on these issues for the parties.
Issues include the division of assets and debts, spousal support, parenting time, decision-making responsibility for the children, child support, who will take the family pets, etc.
The cost of mediation ranges from the Colorado Office of Dispute Resolution, which bills at $75 per hour per party ($150/hour per hour total) to private mediators who set their own rates and generally range from $200 to $350 per hour, to retired judges who charge around $300 per hour and up.
The Colorado Office of Dispute Resolution allows parties who cannot afford mediation to apply for reduced rates, as do some private mediators.
Attorney Fees
An experienced family law attorney can handle all aspects of a divorce and guide you through the process. Attorneys generally ask for a retainer and then bill by the hour for their work. You will receive a bill monthly for this work, and most attorneys expect that you will pay your bills in full each month and issue a refund for the retainer at the end of the case.
The hourly rate for attorneys in Northern Colorado ranges from $275-$450 an hour, and typical retainers range from $3,000 to $10,000 but may vary due to the case's complexity.
Do you need a reason to file for divorce in Colorado?
You do not need to prove any grounds for divorce in Colorado. The court will not ask you to describe why you are getting a divorce. The spouse filing for divorce simply needs to tell the court that the marriage is “irretrievably broken.” There is no need to prove that there was infidelity, abuse, or gross financial mismanagement to get a divorce, though those issues may impact some of the issues to be settled or determined in the divorce case.
How is parenting time split by Colorado family law courts?
The court, by default, assumes that a child benefits the most from spending time with each parent and that both parents should be able to participate in decision-making on behalf of the child equally. The court orders specific parenting plans based on the best interests of the child, and the circumstances of the parties determines the best schedule.
Do mothers get priority in child custody orders?
Neither mothers nor fathers have priority in child custody cases. The court uses the child's best interests as a guide to make orders concerning the child. The court prioritizes the child’s needs over the parents’ needs.
What is marital property in a divorce?
All assets and debts accumulated while married are presumed to be marital property. There are a few exceptions, including inheritances and gifts. However, even inheritances or gifts can become marital property if they are used in certain ways, such as purchasing a joint asset. During a divorce, the court will divide all marital property equitably. Equitable distribution is based on what is found to be fair, not necessarily equal.
Have Questions? Contact Jorgensen, Brownell & Pepin, P.C.
At Jorgensen, Brownell & Pepin, P.C., we understand the complexities and sensitivities surrounding family law matters. Our Denver family law attorneys are here to provide you with the legal support and guidance you need to work through issues like parenting time, custody, divorce, property division, and more. Your family's well-being is our priority, and we are committed to helping you find the best solutions with competence and compassion. Contact us today!
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