FREQUENTLY ASKED QUESTIONS
Q: How long does the divorce process last?
A: The court may not enter your divorce decree until at least 91 days has passed since the court obtained jurisdiction over the parties. Beyond that, it depends on many factors, including the county in which the case is filed, the number of issues in the case, whether the case requires the appointment of experts, and most importantly, whether the parties are able to reach a resolution or not. A general timeline can be found here.
Q: How much spousal maintenance will I receive or have to pay?
A: Spousal maintenance is calculated by using a guideline formula that takes into account, the parties' respective incomes. Importantly, the guideline formula is inapplicable in certain situations, which is why it is important to consult with legal counsel if spousal maintenance is an issue in your divorce case.
Q: Can I get sole custody of my kids?
A: The court allocates parenting time and decision-making based upon the "best interests" factors. Some of these factors include the wishes of the child, the wishes of the parents, and the ability of the parents to place their children's needs ahead of their own. There is no magic formula involved. The court, in its discretion, considers these factors and determines a parenting time schedule. Whether you can get sole custody of your kids will depend on these factors and more importantly, how these factors are presented to the court.
Q: How do I modify an existing custody order?
A: If you and the other party agree, you can simply file your agreement with the court and ask for the court to adopt it as a court order. If you don't agree, you will have to file a motion to modify the order with the court. Please see our section on modification of parenting time to find out more information.
Q: How does joint custody work?
A: Joint custody from a decision-making point of view means that each party has equal say in major decisions that impact the children. These categories include religion, extra-curricular activities, education, and medical decisions. As you can imagine, things get tricky when the parties don't agree as there is often no "tie-breaking" mechanism to resolve disputes when they arise. The attorneys at Pomper Price, LLC can offer you solutions for these situations so that your joint-custody arrangement is as successful as possible.
Q: Do I need an attorney?
A: Navigating this process alone is extremely difficult. For cases that are able to resolve without a court hearing, the JDF forms provided by the court often do not contain enough detail to prevent future conflict, especially for cases involving children or cases involving more complex financials. The attorneys at Pomper Price, LLC, through their combined 35 years of experience, know the common pit-falls of non-contested divorces and can help you avoid them.
For cases that do not settle, having an attorney is invaluable. As an unrepresented party, you will be held to the same standard as an attorney if you are forced to go to a contested hearing. This means, you will be expected to know the applicable law, the rules of evidence, and be able to present your case to the judge.
Mistakes made by you can have devastating and life-altering consequences. The cost of fixing these mistakes (if they can be fixed at all), is typically much more expensive than had the person just retained an attorney to begin with.
Schedule an initial consultation to discuss your case.
Q: How much does an attorney cost?
A: Family law attorneys in the state of Colorado charge on an hourly basis, not a flat fee. Often times, attorneys will estimate a "retainer fee," which is an initial payment that the attorney will charge against at his/her hourly rate. Once the retainer has been exhausted, a replenishment will be required. The total cost of the case will depend entirely on the nature of the case (i.e.- whether the case proceeds to trial, the nature of the issues in the case, whether experts are required). In order to get a more specific estimate, please schedule an initial consultation today.