Before you hire a Boulder divorce lawyer, you should make a list of questions and interview a few lawyers. You will be working closely with the attorney for the next few months or even longer, so it’s important that you understand them, their approach, and their level of experience in handling legal matters critical to your life.
During an initial consultation, you can ask the lawyer the questions you have prepared. Consider asking these questions:
What Are the Grounds for Divorce in Colorado?
Grounds for divorce are the legal reasons why a court can enter a divorce. While some states are fault-based, Colorado is a no-fault divorce state, so you can seek a divorce on the basis that you and your spouse have irreconcilable differences. Therefore, you don’t have to allege adultery, alcoholism, abuse, or other fault for seeking a divorce. However, your spouse’s misconduct, specifically financial misconduct, can impact some aspects of your divorce, so be sure you discuss this information with your attorney.
Who Will Get the Marital Home in Colorado?
Many spouses are concerned about who will get the marital home, which is often the most valuable asset the spouses have. However, it is not the only valuable asset. You may have retirement accounts, bank accounts, intellectual property, personal property, and other property of value. Colorado courts use equitable distribution to divide marital property, which is property earned or acquired during the marriage, regardless of how it is titled.
How Is Property Divided in Boulder?
The couple can decide how to divide their property, or if they can’t agree, they can ask the court to do so. If the court makes the decision, it divides the property in a way that it considers fair by considering factors such as the contributions each spouse made during the marriage, each spouse’s earning capacity, and the needs of the parties and their children.
Who Will Get Custody of Our Children?
For spouses with children, a major area of concern is who will get custody. The parents can agree on this, or the courts can decide, based on factors such as:
- The relationship between the child and the parents, siblings, extended family members, and other people that would be impacted based on custody determinations
- The child’s adjustment to home, school, or community
- The parents’ ability and willingness to encourage a good relationship between the child and the other parent
- The parents’ mental and physical health
- The child’s wishes
- How close the parents live to each other
The court makes a decision based on what’s in the child’s best interest.
What Can I Expect Going Forward in a Boulder Divorce?
By the end of your initial consultation, you should have a clear understanding of the legal process and what to expect in the coming months. You should know how often your attorney will communicate with you and how. You should also know how long it will take for them to get back in touch with you.
Contact Out Boulder Divorce Attorneys Today
If you are considering divorce or have recently been served with divorce papers, you can contact Stahly Miner LLC for a confidential case review. We can answer these and any other questions you have about getting a divorce. Contact our team by phone at (855) 963-4968 or use our contact form to request an appointment.