Res Ipsa

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.

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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.

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.