Arriving at the decision to divorce typically involves a challenging emotional journey. The legal process of divorce in Colorado is also emotionally and legally challenging. The first step toward protecting your best interests during your divorce and achieving an outcome for your future that best aligns with your goals is to hire the right Colorado divorce attorney. A skilled family law attorney in Denver, CO protects your best interests as they guide you through the divorce process.
Before choosing an attorney, it’s best to conduct thorough research by seeking recommendations from divorced family members or friends in your area, reading genuine client testimonials, and verifying a potential attorney’s credentials, including their education, specialty, and experience.
It’s also crucial to meet with an attorney in person before hiring them. Knowing what questions to ask during your initial consultation can help you make the best possible choice for legal representation in your divorce.
Do You Have Experience In Cases Similar to Mine?
No two marital and family situations are the same, and neither are two divorces; however, it’s a good idea to ask your attorney about their experience with cases similar to your pending divorce. Then, ask about their legal approach to those cases and their results. Listen carefully to your attorney’s answers and read any available client testimonials for cases that resemble yours.
Besides the attorney’s experience in divorce cases like yours, it’s important to evaluate their overall familiarity with Colorado’s legal system in family court cases.
A skilled, experienced attorney should never give evasive answers or be reluctant to provide detailed answers to your questions.
What Legal Strategies Do You Propose for My Case?
During the initial consultation with an empathetic Denver divorce lawyer, ask how your attorney will approach all aspects of a Colorado divorce, including the following required divorce terms:
- Child custody and parenting-time schedule
- Child support under Colorado’s income shares formula
- The fair and equitable division of marital assets and debts, as well as the protection of any separate assets
- Spousal support (alimony) when appropriate
During a first consultation, there may not be time for a detailed analysis of every aspect of your divorce, but your attorney should be able and willing to give you an understanding of your rights under Colorado family law and an overview of the strategies they’ll likely use to obtain your goals.
Look for an attorney who will form a legal plan of action tailored to the unique circumstances of your case, rather than taking a formulaic approach that might not result in the most favorable outcome for your family. You should also be wary of an attorney whose approach seems either too passive or too aggressive for your needs.
Do You Think We Can Achieve an Uncontested Divorce, Or Will My Case Go to Court?
When your attorney determines the best strategy for your divorce, an experienced divorce lawyer will always aim for a low-conflict approach whenever possible to achieve your desired outcomes for the terms of your divorce. After describing your goals and the ability and willingness to communicate effectively with your spouse—or the lack of ability to communicate and compromise on disputes—the attorney can assess the likelihood of achieving an uncontested divorce rather than going to court.
In an uncontested divorce, spouses craft a settlement agreement by negotiating with their attorneys and a professional mediator, thereby settling the terms of their divorce without the need for a trial. If you and your spouses, together with attorneys and mediation, are unable to resolve disputes on your divorce terms, such as child custody, asset division, or alimony, the case may become a contested divorce.
In a contested divorce, both spouses present their arguments in court for a judge to decide. A contested divorce is a much more time-consuming, expensive, and adversarial process.
What Is Your Preferred Communication Method?
It’s important to know what to expect for communication methods between you and your attorney during the divorce process. Ask your Denver family lawyer which method of communication they prefer when you have questions or need to discuss upcoming meetings or legal proceedings. Do they prefer phone calls, emails, text messages, video chats, or in-person office visits? You should also ask how soon you can expect a response to your questions and communications.
Have You Previously Worked With My Spouse’s Attorney?
Although this doesn’t necessarily make or break your divorce case, it can be beneficial if your divorce attorney has represented clients previously whose spouses have used your spouse’s divorce lawyer. In many legal communities, attorneys are familiar with the methods and tactics other lawyers use, even if they’ve never worked as opposing counsel with that particular attorney previously; however, if they’ve worked on previous cases against your spouse’s attorney, it means they have invaluable insight about what to expect.
This gives your case an advantage because your attorney will prepare arguments and counterarguments more effectively. Understanding the opposing counsel’s strengths and weaknesses gives your attorney an advantage and potentially benefits your case.
What Is Your Payment Structure?
It’s crucial to have a clear picture of what you can expect to pay for your Colorado divorce, with the further understanding that the total amount you’ll pay in the end depends on the complexity of the case, whether or not it goes to trial, and your lawyer’s total billable hours. Most Denver divorce lawyers require a retainer fee, typically ranging from $2,000 to $5,000, to be paid upfront as a deposit. They then draw against this fund as they accumulate billable hours.
Ask your attorney what they charge as an hourly rate. Depending on the complexity and duration of the lawyer’s legal representation, you may have to pay more than the retainer. Otherwise, the attorney returns the remainder if your divorce is straightforward, uncontested, and quickly accomplished.
Some attorneys require what’s known as an “evergreen” minimum in the retainer account. In other words, they may request that more money be added to the retainer account to prevent it from incurring a negative balance. Ensure that you have all this information before hiring the family law attorney by asking to read a copy of the attorney’s retainer agreement.
Do I Feel Confident and Have a Good Rapport With My Attorney?
Finally, during your initial consultation for a Colorado divorce, ask yourself if you have confidence in your attorney’s abilities and whether or not you feel comfortable with them.
A skilled family lawyer should have compassion for what you are experiencing during an emotionally turbulent time while simultaneously providing the clear, objective legal guidance you need to ensure that your case proceeds as smoothly as possible, with the optimal chances of a favorable outcome for your family.