Choosing to divorce is the first of many decisions that are triggered once you decide to end your marriage. These choices determine how the divorce process will play out and what your family will look like once the divorce is finalized. A divorce lawyer is one of the most valuable assets you can have during this challenging time.
Knowing what questions to ask your divorce attorney is important because his or her answers make it easier to understand your situation and know where you stand. The more informed you are the better able you can make decisions that will be in the best interest of the people you care about most.
What are five questions for your divorce lawyer that can help you navigate the divorce process effectively?
1. What is Your Approach to the Divorce Process?
The first question for your divorce attorney seems simple enough but the answer sheds a great deal of light on what you can expect.
Every lawyer’s approach to the process of divorce is slightly different. Some vary a great deal in how they handle a client’s divorce. They’ll be completing the same paperwork and dealing with the same formulas for calculating certain financial arrangements, but their specific approach to how they deal with your case is unique to them.
Some are aggressive about involving the court in every decision. Others prefer to keep negotiations between clients. And some strategize differently based on how amicable your relationship is with your ex or whether or not there is debate over your children.
Understanding your attorney’s approach and having insight into how they’ve helped clients in similar situations makes it easier for you to know what’s coming. The more familiar and comfortable you are with your divorce strategy the better for everyone.
2. How Long Does Alimony Last in Colorado?
Will you be requesting alimony? Or have you been asked to provide your former spouse with alimony payments? It’s one of the most hotly contested issues in a divorce. In part, this is because many people do not realize that alimony or spousal support payments usually aren’t permanent.
In Colorado, a family court judge determines the duration of payments. It’s usually based on the length of a marriage, but there might be other contributing factors, which is why it’s important to discuss your situation in advance and plan accordingly.
Knowing how long you can expect to give or receive alimony helps you with your future financial planning.
3. How is Child Support Calculated in Colorado?
Like most states, Colorado uses a standard formula to calculate child support. This ensures that child support payments are predictable and remain uniform regardless of a specific situation. The state uses the income shares method, which entitles a child to a pre-formulated portion of each parent’s income. This doesn’t mean both the custodial and non-custodial parent pays child support. Instead, the non-custodial parent makes payments to the custodial parent who provides things of value, such as housing or meals.
4. What Does Child Support Cover?
Child support is intended to pay for the necessary expenses of a child. This includes food, housing, clothing, education, and health insurance.
Every situation is different. You and your attorney will evaluate your circumstances and determine what you can expect to pay or receive regarding childcare payments, which are based on a standard formula.
Your attorney can also answer questions about whether or not child support payments can be used to pay for a particular item or not.
5. Does It Matter Who Files for Divorce First?
Yes and no.
Legally, it won’t matter if you or your soon-to-be-former spouse files first. Sometimes the spouse who initiated the divorce within the relationship files, but this isn’t always the case. Only one spouse files and the other responds, so you’ll need to choose who will file first if you are indifferent and you and your ex are in agreement about ending your marriage.
Even though the family court won’t care who files first, there are some advantages to doing so. Likewise, there might be some advantages to allowing your ex to file first instead.
If you are not in an amicable situation, filing first gives you an advantage because you can assemble your legal team and potentially catch your spouse off-guard with your decision to divorce. You’ll have more control over the timeline and will be more prepared for what’s to come. The person who files also determines the jurisdiction that will govern the divorce, which occasionally has advantages.
Your Divorce Lawyer Gives You Information and Helps You Make Decisions
Knowing what to expect from your divorce attorney and the process, in general, makes divorce easier for most people. It’s important for you and your attorney to be on the same page and to deal with anything that comes your way as a team. These early-in-the-process discussions lay the groundwork for a healthy professional relationship.
To learn more about what you can expect from the divorce process or to speak to someone who can help you with this major life transition, contactBloch & Chapleau LLC by calling toll free (303) 331-1700 or fill out our online contact form.
