Blog : Relationships

How to prepare for your divorce or custody hearing in Colorado

How to prepare for your divorce or custody hearing in Colorado

During the latest Family Law Hour webinar, I covered what to expect during a contested hearing in your divorce or custody case. During this live stream, I discuss:

  • How to prepare for your final hearing
  • What the procedure is
  • Common pitfalls to avoid

Watch the replay below!

For legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

How are assets and debts divided in a divorce?

How are assets and debts divided in a divorce?

During the latest Family Law Hour webinar, I covered how assets and debts are divided in a divorce. During this live stream, I covered the following questions:

  • When you’re ready to talk about dividing assets and debts
  • What’s marital property and what’s not
  • What the court considers when dividing marital property
  • How to avoid paying unnecessary legal fees that delete your assets

Plus, I share the secret for how to get divorced or complete a custody case for less than $500!

Watch the replay below!

For legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

The Financial Information You Must Disclose

The Financial Information You Must Disclose

During the latest Family Law Hour webinar, I covered the financial information and documents required during a divorce or custody case. During this half-hour live stream, I talked about the following:

  • The financial information that must be shared
  • What documents need to be filed with the court
  • What documents need to be given to the other party
  • Why this financial information is necessary

Plus, I share the secret for how to get divorced or complete a custody case for less than $500!

Watch the replay below!

For legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

The 3 Documents You Need to File for Divorce or Custody in Colorado

The 3 Documents You Need to File for Divorce or Custody in Colorado

During the latest Family Law Hour webinar, I covered how to file for divorce or custody in Colorado. During this half-hour live stream, I talked about the following:

  • The three documents you’ll need to begin a divorce or custody case
  • How to know which court to file in
  • Options for filing in person or electronically
  • The filing fees for divorce and custody cases

Plus, I share the secret for how to get divorced or complete a custody case for less than $500!

Watch the replay below!

For legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

Family Law Hour

Family Law Hour

In the middle of a breakup and feeling overwhelmed about having to now navigate a complex legal system on your own? Worried getting help will cost you tens of thousands of dollars that you just don’t have (or want to spend) to pay lawyers?

I feel you.

Luckily, you don’t have to go it alone or wipe out your savings to get your questions answered by a lawyer. There’s another way that will cost you nothing. 

Do you want to know what it is?

Family Law Hour! An opportunity to get your questions answered and learn how to save thousands in legal fees – and it’s FREE.

So whether you’re looking to start a new chapter with a little nest egg…

Whether you’re trying to keep a close relationship with your kids…

Or even if you just don’t want to spend $10,000+ to break up…

This webinar is for you, and…

It’s FREE!

But you need to hurry because space is limited. 

Register below today! 

Next Webinar: SOLD OUT

Plus, after you register, you’ll receive an additional bonus: an A to Z checklist of everything you need to get divorced in Colorado. 

Register Now!

For legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

What is maintenance in a Colorado divorce?

What is maintenance in a Colorado divorce?

In most Colorado divorce cases, courts will determine whether to award “maintenance” (commonly referred to as “alimony”) to assist a spouse financially. Generally, maintenance is intended to help a spouse who — as a result of divorce — is now unable to financially support him or herself.

When will courts award maintenance?  What factors will courts consider relevant?

Colorado Rev. Stat. (CRS) § 14-10-114 governs spousal maintenance.  Importantly, there is no “right” to maintenance in Colorado.  Rather, courts considering maintenance weigh the factors set forth in CRS § 14-10-114.  Relevant factors include:

  • The financial resources of the recipient spouse (including actual income, potential income, “and the ability of the recipient spouse to meet his or her needs independently”)
  • The financial resources of the non-recipient spouse (including actual income, potential income, “and the ability of the [non-recipient] spouse to meet his or her reasonable needs while paying maintenance”)
  • The financial lifestyle of each spouse during their marriage
  • The overall distribution of marital property
  • Both parties’ income, current employment, and “employability, obtainable through reasonable diligence and additional training or education”
  • The employment and earnings history of both parties
  • The duration of the marriage
  • Any amounts of temporary maintenance already paid
  • The age and health of both parties
  • The education and occupational advancement of both parties; and
  • All other factors the court deems relevant

While there is no set threshold, maintenance is usually not considered for marriages lasting less than three years and is more likely to be awarded for longer marriages.  Maintenance can range from very short in duration (a number of months) to a decade.

If you are currently involved in a divorce or legal separation in Colorado, you need a family law lawyer on your side.

To see if you are entitled to maintenance payments, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

What is unbundled legal help?

What is unbundled legal help?

“Unbundled” legal help is a method of providing clients with just the amount of legal services they desire for a fixed, transparent price.  Unbundled legal services are also known as “limited-scope services,” “a la carte legal services,” and “disaggregated legal services.”

In Colorado, unbundling has developed as a common-sense alternative fee arrangement that benefits both attorneys and clients.  Principally, unbundling allows clients who have to represent themselves to get competent and affordable legal advice when they need it.  By offering unbundled legal services, Colorado attorneys can deliver legal services that fit the budget of average Coloradoans.

Under Colorado Rule of Professional Conduct 1.2(c) “[a] lawyer may limit the scope or objectives, or both, of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.”

Basically, this means that unbundling requires both the attorney and the client to mutually agree to limit the scope of the attorney’s representation to specific tasks.  It is important to understand that with most unbundled legal services arrangements, you are ultimately representing yourself, but get added guidance from an attorney or help from a lawyer on a specific task.

How can unbundled legal services make family law cases more affordable? 

Unbundled legal help allows clients to determine exactly how the lawyer works for them, which means clients only pay for the help they need.  Clients aren’t paying for unnecessary motion hearings, work the client could do themselves, travel costs, or any other work that’s not critical to reaching a solution. Unbundled legal help provides transparent legal advice for the things that you actually need to be accomplished.

Unbundling may include:

  • Coaching for court hearings and mediations
  • Help with understanding the important legal issues presented in your case
  • Drafting and review of important legal documents
  • Advice on how to reach a settlement with the opposing party

For unbundled legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

What is mediation?

What is mediation?

Mediation is one of the most common forms of alternative dispute resolution (ADR) in Colorado.  Because divorce or custody cases can take a long time and cost a lot of money, mediation has evolved as a viable option for parties who want to avoid court and reach an agreement with the other party.

But what exactly is “mediation?” 

In Colorado, mediation is a generally voluntary form of dispute resolution where each side agrees to have a neutral third person (called a mediator) resolve a given dispute.  While virtually any dispute can be mediated in Colorado, it is most impactful when parties in a divorce case or custody matter resolve their issues through mediation.

Unlike traditional forms of dispute resolution, mediation is designed to encourage settlement through every step of the process.  In fact, Colorado Rev. Stat. (C.R.S.) § 13-22-305 directs all office of dispute resolution programs to enact rules and procedures “designed to establish a simple nonadversarial format for the resolution of disputes by neutral mediators in an informal setting for the purpose of allowing each participant, on a voluntary basis, to define and articulate the participant’s particular problem for the possible resolution of such dispute.”

In most divorce and custody cases, the court requires the parties participate in mediation because the parties know far more about their lives than the Court could ever learn and are in the best position to make decisions about their finances and children.

So why might parties choose mediation?

Advantages of mediation include:

  • Saving money
  • Faster resolution
  • Less conflict
  • A more relaxed environment
  • Completely confidentiality
  • Retaining control over the process and outcome

How much does mediation cost? 

There are a number of mediators in Colorado. Choose one that you feel comfortable with. Typically mediators have a two-hour minimum charge and split their hourly rate between the parties. Hourly rates can vary depending on the mediator’s experience.

If you are looking for a more economical option, you may want to consider using the Office of Dispute Resolution.

You can also use a private mediator. They range in experience and price. Doing a quick online search will produce many results to choose from.

For legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

Do I have to pay the filing fees to get divorced?

Do I have to pay the filing fees to get divorced?

It’s no secret that legal disputes can be very costly.  When litigating family law matters in court, there are filing fees you must pay.  Under the statute, a person seeking a divorce must pay a $230 fee just to have the case filed.  But you may not have to pay the filing fee in every case.

In Colorado, you can ask the court to waive the filing fee by filing what is called a “Motion to File Without Payment and Supporting Financial Affidavit.”

Who qualifies for a fee waiver in Colorado?

Basically, fee waivers are designed to lessen the financial burden on litigants who do not have money to pay the court costs associated with family, housing, civil, and small claims cases.  Chief Justice Directive 98-01 provides information on the basic eligibility requirements for fee waivers.

How do you file for a fee waiver in Colorado?

According to the Colorado Judicial Branch’s website, there are three main steps for filing for a fee waiver.

First, you need to fill out the JDF 205 (Motion to File Without Payment) form using “correct and complete information.”  In addition, you may be asked to provide the following documentation:

  • Copies (not originals) of your previous three months of bank statements, including checking and savings.
  • Copies (not originals) of your previous three months’ pay stubs and/or proof of income.

Second, you need to fill out the JDF 206 (Finding and Order Concerning Payment of Filing Fees) form.  You only have to fill in the top part of this form — the court will fill in the rest of the Order.

Finally, you need to file both your completed JDF 205 and JDF 206 forms at the same time you file your other court documents.

Once submitted, the court will do one of three things:  (1) waive your fees; (2) help you set up a payment plan; or (3) deny your motion, and you will be responsible for the fee.

A schedule of the current filing fees can be found here.

For legal help with your divorce or custody case at an affordable flat rate in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

Everything that should be in your Separation Agreement in your divorce

Everything that should be in your Separation Agreement in your divorce

When going through a divorce, you and your spouse may create a separation agreement. A separation agreement details how the assets and debts accumulated during the marriage will be divided upon the divorce. Separation agreements include all assets and debts acquired during the marriage, regardless of how the asset or debt is titled.

While a basic separation agreement can be found on the Colorado State Court website, the basic agreement does not cover issues that may cause conflict down the road. Although not every issue can be predicted, the best separation agreements consider and address all the most common issues that tend to arise. When the separation agreement addresses these foreseeable issues, the parties know exactly how to handle the situation and conflict is avoided. Without a comprehensive separation agreement, the ex-spouses often end up back in court, which is both time-consuming and expensive.

When drafting a separation agreement, there are several things to consider. Although not exhaustive, below is a list of some of the most common issues spouses should consider and include in a separation agreement.

  • Personal property
  • Real estate
  • Automobiles
  • Bank accounts
  • Retirement accounts
  • Business interests
  • Debts
  • Maintenance
  • Health and dental insurance

If the parties can come to an agreement, having a comprehensive separation agreement that covers these topics will help the parties move forward and avoid future conflicts.

If you’re looking to have an affordable flat-rate comprehensive separation agreement drafted in Colorado, schedule your consultation today.

———–

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.