A Realistic Approach to Your Divorce
Going through a divorce can be emotional for anyone. Aside from the toll either side may face due to the ending of what was likely once a very close relationship, feelings are only exacerbated when the financial and child related aspects of your life are also subject to significant and potentially lasting changes. As with any life-changing event, a time will come in the divorce process when it’s necessary to separate the emotional from the pragmatic. Consulting with a divorce attorney is the first step in logically and methodically figuring out how to dissolve your marriage, while trying to preserve both your financial future and that of the children.
When coming in to meet with one of the attorneys at Plog & Stein, our first step will be to clearly and concisely identify the issues in need of resolution. This can include:
- Division of marital assets
- Allocation of marital debt
- Maintenance (alimony)
- Child custody and parenting time (if there are children)
- Child support
When initially assessing a case, our goal is to give each client an initial assessment of what their rights would be, under the law, as relates to the various, core divorce issues. Likewise, it is also important to assess the probabilities of what a court may do regarding each of those relevant issues. Beyond looking at the long term, big picture, it is also important to assess temporary issues in need of redress, whether temporary support or child custody in nature. Statute, specifically, C.R.S. 14-10-108, provides for entry of temporary orders to govern while a case is pending. With so many issues to look at, part of our job is to not only help the client understand his or her options, but to also try to take the emotion out of the situation. We believe that providing good, solid advice and a road map for how the case should go can aid in alleviating some of the stress that comes with the unknown.
With decades of family law experience, we understand the court process, how courts operate, and what type of evidence a judge may be looking for when determining a specific issue. One thing clients need to keep in mind is that though courts are charged with entering orders which are fair and congruent with statute, judges do not necessarily care personally about either spouse. Ultimately, it is the facts and circumstances, and evidence supporting them, that will impact resolution of your case.
After the initial client meeting, at which the bigger picture aspects of your divorce are assessed, the next step your attorney will take will be to determine how to meet your objectives. At this point, the lesser details matter. Initially, putting together your C.R.C.P. 16.2 financial disclosures, and analyzing those of the other party, will assist your attorney in determining fair financial resolutions. Likewise, from there, we can determine what additional information, if any, is needed to present your case. In some cases, it may be necessary to seek more information from your spouse via the issuing of formal “discovery. In others, we may determine that an expert is needed, whether a home appraiser, a child custody expert, or perhaps a business valuator.
Once all relevant information is gathered, there are two options for resolving your Colorado divorce. Those options are either resolution through settlement negotiations or a trial before the court. Realistically, most cases do settle, though many not until the final stages. As such, it is not uncommon for a degree of preparation for a final hearing to start a couple of months out from hearing, or more.
Throughout the divorce process, there are deadlines and procedures your attorney will need to meet or follow, and will also inform you of. At Plog & Stein, we approach each case from a reality based view point, meaning we look at the issues based on years of experience and understanding of the court system and the law. At the same time, we always look to employ creativity, when able, in terms of trying to find solutions which may not necessarily fit into the proverbial box. Open communication with our clients is key and we want to make sure each client has a realistic understand of the divorce process and what they will go through.
As with any other profession, including other areas of the law, divorce cases follow a certain pattern or flow. What might seem simple to a lay person may be complex. Likewise, there are many variables which can exist in a case. Those variables can affect how long it takes to resolve the case, or even one of the issues in the case. Of course, the positions your spouse takes and their willingness to negotiate can also be a factor. Recognizing the reality that there are both norms and unknown variables in your divorce case can help you to better be able to manage both emotions and expectations as you go through the process.
Ready to move forward with your case? Call (303) 781-0322 to speak with an attorney or fill out an online contact form.