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How Get Divorced in Colorado without Paying Thousands of Dollars

How Get Divorced in Colorado without Paying Thousands of Dollars

While you can get divorced in Colorado without an attorney, it’s generally not recommended. Attorneys help ensure your rights are being protected throughout the process. Attorneys can be expensive, though, and many require a large retainer and charge by the hour. So while you may think you can’t afford an attorney, think again. There are affordable options to get legal help from an attorney.

Below is a list of tasks completed by most divorces with children in Colorado. Keep in mind this list is not exhaustive, but instead provides a general guideline.

Attorneys who provide affordable solutions for divorces often offer unbundled or task-based legal help. In other words, the attorney will help you with individual tasks of your choosing. Some examples of where an affordable attorney can help you throughout the process is indicated below.

    1. File for divorce in the county where you or your spouse reside
      1. Note: At least one party must have lived in CO for 91 days prior to filing
      2. File the Petition, Case Information Sheet, and Summons.
      3. Pay the filing fee
      4. An affordable attorney can review these documents before you file them to ensure completeness.
    2. Complete personal service, if not filing jointly
    3. Review documents received by the Court
      1. An affordable attorney can review these documents with you and answer any questions you have.
    4. Provide proof of service to the Court, if not filing jointly
    5. Complete the required mandatory disclosures
      1. File a notarized Sworn Financial Statement, the Supporting Schedule, and a Certificate of Compliance
      2. Send the other party copies of your supporting financial documents
      3. An affordable attorney can review these documents before you file them to ensure completeness.
    6. Attend the Initial Status Conference
      1. An affordable attorney can help you prepare for this Conference and answer any questions you have about what to expect.
    7. Attend Parenting Class
    8. Participate in Mediation, if you and your spouse do not agree on all issues
      1. An affordable attorney can help you prepare for mediation and answer any questions you have about what to expect.
    9. Prepare Agreements
      1. Prepare a notarized proposed Separation Agreement and Parenting Plan
      2. Prepare Child Support Worksheet A or Worksheet B, depending on the parenting plan
      3. An affordable attorney can draft these agreements for you. Having an affordable attorney draft them will help ensure nothing is left out.
    10. Prepare for Permanent Orders Hearing
      1. If you and your spouse do not agree on all issues, be prepared to present evidence and testimony to support your position
      2. File a proposed Support Order, Pretrial Statement, and a proposed Decree of Dissolution of Marriage with only the caption filled out
      3. An affordable attorney can review these documents before you file them to ensure completeness.
    11. Attend the Permanent Orders Hearing
      1. An affordable attorney can help you prepare for this Hearing and answer any questions you have. Having an attorney assist with your preparation will help you present your strongest argument to the Court.

As you can see, there are several tasks in the divorce process where you can get the help of an affordable lawyer for a fraction of what traditional attorneys will charge. You can choose to have an affordable lawyer help you with all of the tasks or just a few. It’s entirely up to you.

If you are interested in working with an affordable attorney who offers flat-fee, custom legal services,  schedule your consultation today.

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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 Getting Divorced Affects Your Will

How Getting Divorced Affects Your Will

Getting divorced doesn’t just end your marriage; it can also void your will.

If you drafted a will while you were married and made dispositions or gifts to your then-spouse or relatives of your spouse (except for your shared children), under Colorado law those dispositions are automatically revoked upon the dissolution of the marriage. The nomination of your spouse as your personal representative is also automatically revoked. C.R.S. §15-11-804.

While this automatic revocation generally makes sense, it also means your will can be left with large holes in it. Even worse, depending on the language in your will, the automatic voiding of some provisions may void the entire document, leaving you completely without a will and subject to Colorado’s intestacy laws.

What Colorado law doesn’t automatically revoke, however, is any designation of a former spouse as the named beneficiary for things like bank accounts and insurance policies. That means, for example, if your ex is still listed as the beneficiary of your life insurance policy, your former spouse is entitled to claim the proceeds despite the fact that you are no longer married. Updating beneficiaries is something you can do by simply contacting the institution that holds the account or policy.

If you’ve recently divorced and haven’t reviewed your will or other estate planning documents like your power of attorney, you may want to take a look at it and consider having an affordable attorney help you make the necessary updates. Now that you’re in a new chapter in your life, you want to make sure your will and other estate planning documents reflect your current goals.

If you have questions about updating your will at an affordable, flat-fee cost, schedule your consultation today.

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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.

Legal Checkup: Don’t Start a New Year Without One

Legal Checkup: Don’t Start a New Year Without One

As you jump into the new year, it’s prudent to reflect on the year that was and the changes you may have experienced. While at the time, life events can be joyous or somber, many can also have long-term effects that you may not realize.

Take a moment to consider whether you experienced any of the following events in the past year:

  • Got married
  • Got divorced
  • Had a child
  • Adopted a child
  • Lost a child
  • Lost a parent or sibling
  • Received child support
  • Provided child support
  • Bought a home
  • Sold a home
  • Acquired a large asset
  • Disposed of a large asset
  • Inherited money or other valuable assets
  • Acquired a large debt
  • Enjoyed significant appreciation of an asset
  • Changed jobs
  • Started your own business
  • Welcomed a grandchild or great-grandchild
  • Moved in with someone
  • Were diagnosed with a serious health condition
  • Lost contact with a trusted friend
  • Acquired a new life insurance policy
  • Became a trustee
  • Became a beneficiary of a trust

If you experienced one or more of these events last year, you may want to get a legal checkup to ensure everything looks “healthy” and continues to meet your personal goals.

Lester Law currently offers complimentary legal checkups to review your legal health.

To grab your complimentary legal checkup, schedule one today.

Get Your Free Legal Checkup

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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.

Getting Married by Common Law in Colorado

Getting Married by Common Law in Colorado

In Colorado, it is possible to get married without ever going to a Courthouse or having a formal ceremony. Unlike some other states, Colorado allows for common law marriage. To get married by common law in Colorado, the couple must meet all of the following requirements:

  1. Mutually agree to be married
  2. Hold each other out to the public as being married

Cohabitation alone is not enough to establish a common law marriage, no matter how long the parties have been living together. That means, even if two people have been living together for 20 years, they are not assumed to be common law married if the other requirements are not met.

Because the agreement between the couple does not need to be formal or in writing,  it can be difficult to identify exactly when the marriage began if the couple got married by common law. If you are considering getting married by common law, writing down when the marriage started could be helpful for future reference.

There are also many ways a couple can hold each other out to the public as being married. One of the most common is for the couple to call each other “husband” or “wife”. While there is no exact thing a couple must do to be seen as holding themselves out as married, common actions include having joint bank accounts, filing taxes jointly, and making large purchases together. Because individual actions alone may not necessarily mean two people are holding themselves out as married, when determining whether there is a common law marriage, one must look at all the factors and not just one individual action.

Lastly, it is important to understand that getting married by common law has the same effect as getting married at the Courthouse or by some other formal ceremony. Spouses in common law marriages have the same rights and duties as any other married couple. Additionally, to end a common law marriage, the couple must go through the same Court process to formally dissolve the marriage and get divorced.

If you have questions about a common law marriage or want to end yours at an affordable, flat-fee cost, schedule your consultation today.

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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.

Changing Parenting Time in Colorado

Changing Parenting Time in Colorado

When a parenting time schedule is issued as part of a Court order, the parents are bound to follow it. A parenting time schedule put in place when a child is young, however, may not be workable once the child is older. As the child grows and his or her needs and interests become more involved, the parenting plan may need to be adjusted.

In Colorado, a Court-ordered parenting plan can be changed upon a motion or stipulation to modify it. Ideally, the parents would have discussed the change and come to an agreement on a new parenting schedule that will work best for the child. Such an agreement is then submitted to the Court using a stipulation regarding parenting time modification to be made a new order of parenting time.

If the parents cannot agree on a modified parenting time, the parents can file a motion to modify, which the Court will oversee. Most likely, the Court will order that the parents participate in mediation to try and come to a compromise. If mediation is not successful, the parents will go before the Court and make arguments as to why their parenting schedule is in the best interest of the child. The Court will then make a decision and issue a new parenting plan.

It is important to understand that if a motion or stipulation has been filed for a substantial modification of parenting time that changes the parent with whom the child resides a majority to time another motion to modify the parenting plan may be filed within two years unless there is a belief the child’s environment may endanger his or her physical health or emotional development. This rule applies even if the previous motion was not granted by the Court.

If you are looking to modify your current parenting time and want to do so at an affordable, flat fee, schedule your consultation today.

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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.

Colorado wrote your will. Do you know what it says?

Colorado wrote your will. Do you know what it says?

Don’t think you have will? Think again. If you haven’t written a will for yourself, the state of Colorado has one already written for you. What does the will Colorado wrote for you say? For the answer, you’ll need to look at the state’s intestacy laws.

Intestacy is the event when someone dies without a will of their own. When that happens, the state’s laws fill in for the missing will. When you die without a will in Colorado, where your stuff goes depends on your family situation at the time of death.

Here is a brief summary Colorado’s intestacy laws. This summary is in no way meant to be comprehensive or specifically describe the outcome for your particular situation.

  • If you are married but have no children, all of your stuff will go to entirely to your spouse, so long your parents are deceased.
  • If you are married and have children, your stuff may go entirely to your spouse or be divided between your spouse and children, depending on whether your children are all with your spouse and whether you or your spouse have children outside your marriage.
  • If you are not married and have children, your stuff will be divided among your children.
  • If you are not married and have no children, your stuff will go to your parents, so long as your parents are alive.

While this list may seem straightforward, there are other factors that come into play, like having children or other relatives who predecease you but have surviving offspring. To know how the Colorado intestacy laws would specifically affect you, it’s best to sit down with an attorney and discuss your situation.

If the way Colorado has written your will is not how you’d like your stuff to be given away, you’ll want to write a will for yourself. Remember, writing your will without the help of an attorney could mean your will won’t dispose of your stuff the way you want it to. It’s always best to have an attorney draft your will and other estate planning documents.

To write your will the way you want it for an affordable, flat fee, schedule your consultation today.

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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.

Separate v. Marital Property: Why it Matters in your Divorce

Separate v. Marital Property: Why it Matters in your Divorce

Every divorce in Colorado deals with dividing the marital estate between the spouses. This division is at the heart of what a divorce truly is: the breakup of an entity. While married, spouses are a single entity in the eyes of the law. The dissolution of that marriage requires an allocation of the property and debts acquired during the marriage between two individual people.

The first step in the division process is identifying whether the property owned by each spouse is marital or separate. “Property” includes assets and debts. In Colorado, how an asset is titled does not automatically qualify it as one or the other. For example, a home purchased during the marriage but only titled in one spouse’s name is still considered marital property.

The distinction between separate and marital property is important because marital property is subject to division as part of the divorce, while separate property is not. Separate property belongs entirely to the spouse who owns it, and the other spouse has no legal claim to it. As long as it is not commingled with marital property, property inherited or gifted to one spouse during the marriage is generally considered the separate property of that spouse. It’s important to know, however, that if the value of the inherited property appreciates during the marriage, the appreciation is marital. Property identified in a marital agreement as separate property also generally keeps that distinction in a divorce.

Once all the property owned by each spouse is identified as separate or marital, anything identified as marital is divided between the parties. Colorado is an equitable distribution state, which means marital property is divided fairly, not necessarily equally. Ideally, the spouses themselves come to an agreement on how to divide the marital property. If they cannot, however, the Court will step in and make that decision.

If you are unsure whether your property is separate or marital, consider working with an affordable attorney. An attorney can help guide you through the process and help explain how property may be divided. To help keep costs predictable and manageable, consider working with an attorney who offers flat-fee rates.

If you are interested in talking to a lawyer who offers flat-fee rates and unbundled legal services for divorces, schedule your free consultation today.

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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 you need to complete your divorce without children

Everything you need to complete your divorce without children

Below is a roadmap for getting divorced in Colorado when there are no children involved. (If you have children, click here.) If a specific document must be completed and filed with the court, the name of the document is listed under its associated step along with a link to where you can download the version provided by the Courts. Try to help the Court by typing out your forms, rather than handwriting them.

Keep in mind that while this roadmap is not inclusive of everything you need to know and do, it provides a good starting point and illustrates the process.

  1. File for divorce in the county where you or your spouse reside
    1. Note: At least one party must have lived in CO for 91 days prior to filing
    2. File the Case Information Sheet
    3. File the Petition
    4. File the Summons, if not filing jointly
    5. Pay the filing fee
  2. Complete personal service, if not filing jointly
    1. Service must be completed by someone who is 18 years or older and not a party to the case
    2. The other party must be served with the Petition and Summons. It’s also a good idea to serve them with the Case Management Order (if received from the Court) and the Notice of Initial Status Conference (if received from the Court).
  3. Review documents received by the Court
    1. You will receive a Case Management Order, which will give you instructions for the entire divorce proceeding and what steps you need to take. Read this and follow it!
    2. You may also receive a notice of the date and time of the Initial Status Conference
  4. Provide proof of service to the Court, if not filing jointly
    1. File a Return of Service, signed by the person who completed service and notarized
    2. The mandatory 91-day waiting period begins once the other party is served
  5. Complete the required forms
    1. File a notarized Sworn Financial Statement and the Supporting Schedule
    2. File a Certificate of Compliance
    3. Send the other party copies of your supporting financial documents (a list can be found in the Certificate of Compliance)
  6. Attend the Initial Status Conference
    1. Follow the instructions given by the Court or the Family Court Facilitator
  7. Prepare Documents
    1. Prepare a notarized proposed Separation Agreement
  8. Participate in Mediation, if you and your spouse do not agree on all issues
    1. File a Certificate of Mediation
  9. Prepare for Permanent Orders Hearing
    1. If you and your spouse do not agree on all issues, be prepared to present evidence and testimony to support your position
    2. File a proposed Support Order
    3. File a Pretrial Statement, if you and your spouse do not agree on all issues
    4. File a proposed Decree of Dissolution of Marriage with only the caption filled out
  10. Attend the Permanent Orders Hearing
    1. If all documents have been completed and filed with the Court, the Court will enter a Decree and Support Order at the conclusion of the Permanent Orders Hearing

If you want to get divorced in Colorado but don’t want to go through this process on your own, consider working with an affordable attorney. An attorney can help guide you through the process and ensure you are meeting all the requirements. To help keep costs manageable and predictable, consider working with an attorney who offers flat-fee rates or unbundled legal services.

If you are interested in talking to an attorney who offers flat-fee rates and unbundled legal services, schedule a free consultation today.

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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.

Tips for Successful Co-Parenting

Tips for Successful Co-Parenting

When you have a child with someone, you are forever linked to them. While your relationship may not have worked out, for the child’s sake, it’s important to learn how to successfully co-parent together. Below are some tips for how to co-parent for the sake of the person most important: the child.

DOs

Be open with communication. Provide accurate, complete, and timely information to the other parent when it comes to your children. Don’t keep the other parent in the dark. It’s important your communication about the children is free and open. Consider using a communication tool like www.talkingparents.com to help facilitate that communication.

Practice the Golden Rule. Lead by example. Treat the other parent the way you want to be treated. Give the other parent the information you want to receive. Show up on time if you’d like the other parent to do the same.

Encourage a relationship with the other parent. It’s important for children to have a relationship with both parents. Just because your relationship with your co-parent did not work out doesn’t mean your child’s relationship with their other parent should have to suffer too. It takes a concerned and wise parent to encourage contact between the child and the other parent. Personal bitterness has to be set aside and activities with both parents should be encouraged.

Encourage the discussion of feelings. The open expression of feelings tends to create a healthier environment. But freedom of speech does not mean freedom to insult or punish. Anger should be talked about, not acted out. This goes for both the parents and the children.

Consider the other parent’s point of view. Listen to what the other parent has to say, no matter how ridiculous it sounds, and take a breath. Ask yourself if there is some truth to their concern. Sometimes taking a step back can help you see more clearly. Remember, your co-parent’s most important concern is likely the same as yours: your children. Remember in that sense, you’re both on the same team.

Be flexible. Be willing to compromise some of your demands and, if necessary, negotiate for others. Do not surrender all your rights, but choose your battles carefully. Don’t make a point just for the principle of it or to rub it in the co-parent’s face. Conflicts with your co-parent will always affect your children. They feel the tension and that will interfere with the quality of the visits.

DONTs

Don’t bad-mouth the other parent. Children don’t want to hear bad things about either of their parents, and they especially do not want to take sides. No purpose is served in criticizing the other parent to your children.

Don’t use your children as spies. Children should be given the freedom to enjoy each parent without hindrance or fear of being cross-examined. Children become angry when asked to spy and can easily withdraw from both parents.

Don’t use your children to carry messages. There is usually a period of time following separation or divorce when one parent is afraid to encounter the other, either for fear of letting out feelings of bitterness or for fear of what the other parent will do or say. Under these conditions, a parent may become cowardly and hide behind the children. “Tell your father he hasn’t sent the check yet,” or “Ask your mother if you can go fishing with me next week.” These messages place your child in an uncomfortable position. The child will usually come to resent both parents for having to carry messages. To avoid alienating your children, do your own dirty work! Be courageous and assertive. Speak directly to your co-parent.

Don’t use your children to get back at the other parent. Purposefully being late to drop the children off to get back at your co-parent is not appropriate or healthy. Your children will pick up on this and it will negatively affect them. Speak to your co-parent in private about concerns you may have. Do not use your children as pawns. They deserve better than that.

If you’d like to learn more about parenting plans and schedules in Colorado, schedule a free consultation today. I offer flat fee rates for custody cases, drafting of parenting plans, or review of an existing plan.

Sources:
https://www.psychologytoday.com/blog/two-takes-depression/201203/the-dos-and-donts-co-parenting-well
http://www.afccnet.org/Portals/0/PDF/AzAFCC%20Coparenting%20Communication%20Guide.pdf
http://www.mindbodygreen.com/0-17932/14-tips-for-healthy-co-parenting-with-your-ex.html

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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.

Will or Trust: Which One is Right for You?

Will or Trust: Which One is Right for You?

Often the first question I get regarding estate planning is whether someone should have a will or a trust. Unfortunately, there isn’t a bright-line answer. Wills and trusts are simply different tools available to create an estate plan. One is not necessarily better than the other; they are used for different purposes depending on what your goals are for how your assets should be given to your family and friends.

Generally, a will provides instructions for how your assets are divided at your death. A personal representative is appointed to oversee the division of the assets to ensure it’s done to your wishes. Once the assets have been divided, the estate is closed.

A trust is an instrument that establishes a fiduciary arrangement, which gives a Trustee the authority to hold assets on behalf of beneficiaries. The trust instrument specifies how and when assets should be passed to the beneficiaries. Trust can last long after your death, so they can be useful if you want to have control over asset distribution in the years following your death.

Below is a chart depicting some of the basic differences between a will and a trust.

Will Trust
Court oversees the administration through probate Court does not oversee the administration
Personal Representative compensated once during probate Trustee compensated on a recurring basis, usually annually
Goes into effect at the time of death Can be created prior to death
Covers property only in your name at the time of death Covers only property transferred into the trust
Part of the public record Private
Allows for appointment of a guardian for minor children Cannot use it to appoint guardian for minor children
Allows for instructions regarding funeral arrangements Cannot specify funeral arrangements
Cannot be used to plan for a disability Can be used to plan for a disability
Typically does not offer tax savings May offer tax savings

To talk more about whether a will or a trust is right for you, schedule your free consultation today. I offer flat-fee estate planning services in Colorado.

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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.