Blog : Relationships

Last year, I wrote about why divorce is so expensive and explained how, in many cases, it’s the spouses who drive up the price. This time around, I wanted to look at how sometimes it’s the lawyers who add to the expense.

Divorce lawyers who have a traditional practice generally charge a retainer up front and bill against it for each hour they work on the case. Retainers for a divorce can range from $2500 to $5,000+, and the average hourly rate for a lawyer in Colorado is about $250 an hour. If the retainer runs out, the lawyer asks for more money. What the final cost will be is often difficult to nail down.

For family lawyers who earn a living this way, maximizing the time it takes to do something means maximizing income. However, taking as much time as possible is not always in the client’s best interest. Particularly with divorces, prolonging or exacerbating the process not only makes divorces more expensive, but it can wreak havoc on the client’s well-being.

In my view, divorce lawyers shouldn’t be focused on billing time; they should be focused on the client and what he or she needs. Lawyers should be effective problem solvers, not litigious bill generators. For family lawyers like me who are client-focused, we’ve built our practices to help clients affordably get the legal help they need.

Divorce lawyers who offer affordable, fixed-fee representation or unbundled legal help for divorces keep divorce costs low by focusing on the most important issues. This type of affordable family law practice also encourages the lawyer to work efficiently and quickly to solve the client’s problems. If spouses can be civil and lawyers can work efficiently, divorces can be far less expensive than they are now.

If you’re looking to get divorced in Colorado at an affordable, flat-rate, 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.

Have you wondered whether you can – or should – get divorced without hiring a lawyer? Maybe you and your spouse are pretty agreeable right now and you’re worried that hiring lawyers will only turn things ugly. Or maybe you know the average cost of a divorce in Colorado when no children or maintenance is involved is about $15,000 ($20,000 when there are either children or maintenance), and you just don’t have that kind of money laying around. I mean, really, who does?

Schedule a free consultation with us to learn whether you could get divorced on your own, should get some affordable legal help along the way, or should probably hire an affordable lawyer from the beginning. It takes less than 5 minutes to get signed up and can help provide answers to that lingering question.

If you are interested in working with an affordable attorney who offers flat-fee 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.

A few weeks ago, I wrote about how to save money on a divorce when children were involved. The same can be said about a divorce without children. While you can get divorced in Colorado without the help of an attorney, it’s generally not recommended. Attorneys help ensure your rights are being protected throughout the process, but they can be expensive. So while you may be thinking that you can’t afford an attorney, you might want to think again. There are affordable options to get legal help from an attorney.

Below is a list of tasks completed by most divorces without 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 are indicated below.

1. 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. 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.
   8. Prepare Agreements
      1. Prepare a notarized proposed Separation Agreement
      2. An affordable attorney can draft this agreement for you. Having an affordable attorney draft it will help ensure nothing is left out.
   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, 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.
   10. 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 attorney for a fraction of what traditional attorneys will charge. You can choose to have an affordable attorney 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.

Although business isn’t the most romantic topic to discuss on Valentine’s Day, it is important to understand that in many ways the decision to get married is a business one. Having a piece of paper that legally binds you to your significant other won’t change your personal connection or devotion to each other. Couples can remain happily together for decades without ever getting married, while others who are legally married can’t stand each other.

At the end of the day, marriage simply creates a legal entity around two people and bestows upon them certain rights, privileges, and benefits. Below are just a few examples of the legal rights married couples enjoy in Colorado:

1. Spouses can ride in the ambulance and visit the hospitalized spouse even when visiting hours are restricted to others.
2. Spouses can make medical decisions for the other spouse when he or she is incapacitated or otherwise unable to communicate.
3. Spouses can file joint state and federal taxes.
4. Spouses enjoy tax-free transfers of property between themselves.
5. Spouses enjoy discounted rates for insurance.
6. Spouses can obtain health insurance through the other spouse’s employer.
7. Spouses can receive discounts on tuition.
8. Spouses can take family leave to care for an ill spouse.
9. Spouses can sue on behalf of a deceased spouse for wrongful death and loss of consortium.
10. Spouses are entitled to a portion of the marital property if there is a dissolution.
11. Spouses may be entitled to spousal support or alimony after a dissolution.
12. Spouses enjoy a privilege for marital communication, which means a Court cannot force the disclosure of the communication’s contents.
13. Spouses can both receive government benefits like social security and Medicare.
14. Spouses may obtain immigration and residency benefits for a non-citizen spouse.
15. Spouses of active servicemembers or veterans may receive military benefits for education or medical care, even though one spouse is not enrolled in the military.
16. Surviving spouses are entitled to inherit a portion of the deceased spouse’s estate, even if the deceased spouse doesn’t include the surviving spouse in his or her will.
17. Surviving spouses receive an exemption from both estate tax and gift tax for property left to them by their deceased spouse.
18. Surviving spouses can receive the wages, workmen’s compensation, and retirement plan benefits of their deceased spouse.
19. Spouses can create life estate and marital deduction trusts, which cannot be used for non-spouses.
20. Spouses can provide instructions for after-death exams and procedures of the deceased spouse.

While having a marriage based on love and respect is the ultimate goal for many, don’t be fooled into thinking that a piece of paper is the key to creating that type of relationship. The paper simply documents the marriage as a legal institution. The relationship part is up to you.

If you are interested in learning more about how entering or ending a marriage may affect you and your rights, 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.

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.

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.

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.

Below is a roadmap for getting divorced in Colorado when there are children involved. 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. Attend Parenting Class
   1. File proof of attendance prior to the final hearing date
8. Prepare Documents
   1. Prepare a notarized proposed Separation Agreement
   2. Prepare a notarized proposed Parenting Plan
   3. Prepare Child Support Worksheet A or Worksheet B, depending on the parenting plan
9. Participate in Mediation, if you and your spouse do not agree on all issues
   1. File a Certificate of Mediation
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
    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
11. 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.

You can view our affordable, flat rates here.

If you’re ready to get started, schedule a 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.