Do you feel overwhelmed by debt and do not know which way to turn? Bankruptcy is a word that frightens many people. They are often reluctant to even talk about the emotional and financial ramifications. Filing for bankruptcy is a difficult decision. However, there are multiple benefits. It’s important to weigh those and get all the facts before making a decision. We’re here to help you do just that.

Why Do People File Bankruptcy?

Bankruptcy is a legal process guaranteed by the US Constitution. It exists to help an individual get a fresh financial start by eliminating or reorganizing debt. Bankruptcy helps those with overwhelming debt find relief. It also provides a fair system to help the creditors get paid. Bankruptcy is governed by federal law. However, the laws regarding exemptions, or assets you can keep, vary from state to state.

An indication that you may be a good candidate for a bankruptcy is when creditors are harassing you or filing lawsuits to collect the debt. When this happens, you might feel hopeless.

One of the essential benefits of filing for bankruptcy is the automatic stay. This law offers immediate relief by stopping all debt collection, foreclosure, and wage garnishment actions. In turn, you are no longer besieged. Instead, you can finally take a breath and get your financial situation under control.

One of the most important decisions you’ll make is the type of bankruptcy to file. Typically, people file either a Chapter 7 bankruptcy or a Chapter 13 reorganization bankruptcy, depending on their needs and circumstances.

Understanding Bankruptcy

Under the Bankruptcy Code, there are six types of bankruptcy, all of which protect debtors from creditors. However, they are intended for different classes of debtors, and each type has different rules and processes.

Most individual debtors file under Chapter 7 or 13. Many businesses, including some sole proprietors, file for bankruptcy under Chapter 11. Some governmental entities may reorganize debt under Chapter 9. Farmers and fishermen often file under Chapter 12. Chapter 15 bankruptcy may apply to insolvency cases involving debtors and assets from multiple countries.

Some people avoid bankruptcy because they do not want to appear in court. However, the debtor typically does not have much, if any, contact with the bankruptcy judge. In a chapter 7 bankruptcy, the debtor usually appears in court only if an objection is raised in the case that requires a hearing. In a chapter 13 bankruptcy, the debtor usually only appears in court at a contested confirmation hearing.  Both of these are rare events.

What is a Chapter 7 Bankruptcy?

This chapter of the Bankruptcy Code provides for “liquidation.” A trustee collects and sells all your nonexempt assets and then uses the proceeds to pay your creditors to the extent possible. You may keep assets that are listed as exempt under either federal law or the law of your state.

Chapter 7 is the most common type of bankruptcy and results in the discharge of most, if not all, of your unsecured debts that are not collateralized, such as credit cards and medical bills. These debts typically involve higher interest rates because the lender has almost no protection against bankruptcy. However, lenders lessen the risk by reporting delinquent payments, working with collection agencies, or selling the loans.

How do I qualify for chapter 7?

To qualify for a Chapter 7 bankruptcy, a debtor must pass a “means test.” The purpose is to determine whether the individual has the means to pay their debts. The test considers your income, bills, and the size of your family.

This test has two steps. First is whether the debtor’s income is higher than the median household income for a family of the same size in their state.

The median household income is based on regularly updated information from the U.S. Census Bureau., If the debtor has income higher than the median income, the debtor will have to go to the second step, which involves a more detailed analysis to determine whether Chapter 7 is the appropriate option.

If you do not qualify under the means test and cannot file for Chapter 7 bankruptcy, you can still get a bankruptcy discharge after completing a Chapter 13 repayment plan.

What debts are discharged in chapter 7?

Chapter 7 bankruptcy can discharge most of your debts. However, some debts, such as child support, alimony, student loans, certain taxes, and fraudulent debts, are not dischargeable in bankruptcy.

It usually takes under six months to obtain a discharge in a Chapter 7 bankruptcy.

What Does Chapter 13 Mean?

A chapter 13 bankruptcy, also called a “wage earner’s” plan, allows people with regular income to develop a plan to repay all or part of their debts over a period of three to five years. Fundamentally, it permits the debtor to consolidate their debt and make a monthly payment to a court-appointed trustee, who then disburses the money to creditors. It remains on your credit report for seven years from the filing date. For many people, a significant advantage of a Chapter 13 bankruptcy is that it offers individuals an opportunity to save their homes from foreclosure.   Chapter 13 bankruptcy also can let you keep property that would otherwise be liquidated in a Chapter 7 bankruptcy. If the court accepts the repayment plan, creditors cannot continue collection efforts, which is usually a huge relief for debtors.

The Bankruptcy Code states that “Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual’s combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief.” Income can come from various sources, including Social Security payments, pensions, unemployment, and rental income. Individuals must also be current with their income tax filings for the last four years. If the debtor is not current, he/she must bring his tax filing current shortly after filing.   

Which Type of Bankruptcy Is Right for You?

There are pros and cons to each type of bankruptcy. The main differences between Chapter 7 and Chapter 13 bankruptcy are the eligibility requirements, debt resolution, what property you can keep, and the length of time it takes to complete the process. Generally, the biggest difference between the two types of bankruptcy is that Chapter 7 takes 4-6 months to complete and focuses on liquidating non-exempt property.  Chapter 13 allows you to make payments to the bankruptcy trustee in lieu of property being liquidated, helps address back taxes, and also gives you the opportunity to keep your home and car if they are worth a lot of money, or you are behind on payments. 

Each person’s situation is unique, so your attorney can help you decide which is the most beneficial for you.

A Chapter 7 bankruptcy may be the best choice for those with limited income and primarily unsecured debts, such as credit cards and personal loans. It is also a faster process. Those who have a high disposable income, non-exempt assets to protect, and can fulfill a court-approved repayment plan may choose to file under Chapter 13.

We Are Here To Help

Bankruptcy is a legal and powerful debt relief option. It exists to relieve you from oppressive debt and give you a fresh start. The bridge to a better tomorrow starts here at the Aschenberg Law Group. We focus on Chapter 7 and Chapter 13 bankruptcy cases. Our process begins with a free initial consultation with no strings attached. Next, we take a deep dive into your financial situation and determine the best strategy to resolve your situation. Finally, we will handle your bankruptcy filing, and you will experience immediate relief from onerous debt. To start the conversation, call or text us today at 720-259-8400.

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Do you want to take control of your finances, but are not able to wipe out your debt? Are debt collectors pressuring you? Filing for bankruptcy may be your best way out. Bankruptcy is a federal protection that helps people and businesses that can’t pay their debts. For example, if you cannot pay essential obligations such as food and shelter, it may be a powerful tool to help you rebuild your finances. However, many people fear filing for bankruptcy. They have heard stories about what it means to go bankrupt. Consequently, they make decisions based on myths, not the facts about the benefits of bankruptcy. We’re here to debunk those. Here are seven of the most common myths about bankruptcy.

7 Bankruptcy Myths

Myth No. 1

“If I file bankruptcy, everyone will know I failed.” For many people, their personal finances are very private, and they worry about what others may think about them. They fear that they will be exposed as a reckless spender who can’t manage their own finances. They feel alone. However, they are not. According to statistics released by the Administrative Office of the U.S. Courts, the September 2021 annual bankruptcy filings totaled 434,540.

The truth is bankruptcy is a legal financial rescue plan that is available for a reason. Many people are forced into bankruptcy by circumstances beyond their control. The three major causes of bankruptcy are job loss, severe illness, and divorce. So it is not necessarily a question of mismanaged finances. Unexpected life events happen even to smart, honest, hard-working people.  Filing for bankruptcy relief demonstrates that you understand your financial issues and intend to address them.

Myth No. 2

“If I file bankruptcy, I’ll lose everything.” If you are seriously in debt, you may be waking up at night with visions of living on the streets with nothing but the clothes on your back.  This is a common misconception.

When filing for Chapter 7 or Chapter 13 bankruptcy, you’ll typically be allowed to keep property such as your primary residence, vehicle, household goods and furnishings, cash values of life insurance policies, wages, and retirement accounts.  ., Additionally, if you have a mortgage on your home or a loan on your vehicle, these items will be safe so long as you are current on your payment.. 

Most, if not all, property in a typical case is protected, and debtors lose little or nothing. In fact, in more than 95% of all Chapter 7 bankruptcies, people keep all their belongings.

Myth No. 3

“Bankruptcy will permanently kill my credit.” This is just not true! In reality, for a while after filing bankruptcy, you may have limited access to credit, with higher fees and rates than previously. But that doesn’t last forever. If you use bankruptcy to get a fresh start and pay your bills regularly, you will rebuild your credit.

You can begin rebuilding your credit by opening a new secured credit card after your bankruptcy is completed. Many cards accept those with recent bankruptcies.  If you use the card judiciously and pay the bills promptly, your credit score will start to rise.  Bankruptcy stays on your credit report for seven to 10 years, but people often achieve good standing credit within two to four years after filing.

One recent study showed that 43% of people with bankruptcy on their credit file have a credit score of 640 or higher within a year of the bankruptcy. Within two years of bankruptcy, 65% have a credit score above 640.

Myth No. 4

“Filing for bankruptcy won’t keep the creditors from pursuing me.” With very limited exceptions, the bankruptcy code provision protects you from creditors, collection agencies, and others who are seeking payments on debts. When someone files for bankruptcy, the automatic stay goes into effect immediately, as provided by Section 362 of the United States Bankruptcy Code.  The automatic stay provides immediate relief from creditors’ calls, letters, emails, or lawsuits. It also prevents one creditor from seizing all the debtor’s assets, leaving other creditors with nothing.If creditors knowingly violate the automatic stay by attempting to unlawfully collect money or property from you, they can be liable for damages. The automatic stay provides immediate relief from creditors’ calls, letters, emails, or lawsuits. It also prevents one creditor from seizing all the debtor’s assets, leaving other creditors with nothing.

It is important to understand that while bankruptcy can offer a great deal of debt relief, not all debt can be discharged in bankruptcy. Debts arising from child support, spousal support, student loans, and most taxes are nondischargeable debts that cannot be eliminated by filing for bankruptcy. 

Myth No. 5

“Bankruptcy won’t eliminate my tax debt.” Taxes are always a complicated issue and are handled differently under bankruptcy laws. Most taxes cannot be discharged through bankruptcy, but some can. For example, your tax debt can be discharged under Chapter 7 under certain conditions:

• It is income tax.
• The debt is at least three years old.
• You did not evade paying the taxes through the use of fraud.
• You filed a tax return for the debt you hope to discharge at least two years before filing for bankruptcy. However, your tax debt may not be dischargeable if it was filed late, beyond the allowed extensions.
• The IRS must have assessed the tax debt at least 240 days before your filing.

Myth No. 6

“I can only file for bankruptcy once.” You probably hope you only need to file bankruptcy once, and after that, your finances will stay in order. However, challenges may arise in the future, so it is good that you can file for bankruptcy more than once if necessary. The law permits a person to file for Chapter 7 bankruptcy every eight years. A reorganization under Chapter 13 can be filed more frequently.  .

Myth No. 7

“Bankruptcy will wreck my relationships with my family.” Although it is true that debt can stress family relationships, filing for bankruptcy can give everyone a chance to catch their breath. It also demonstrates a willingness to face and overcome difficult financial obstacles. Many families stick together and support one another in hard times. Depending on circumstances, one spouse may file alone, or if the debt is shared, both can file together. Either way, facing the problem truthfully and with determination can actually strengthen family relationships.

Bankruptcy is not a barrier to a better financial future. Instead, it is a bridge to a better tomorrow. We at the Aschenberg Law Group are dedicated to helping you find rapid relief from oppressive debt through bankruptcy. Our proven process consists of three steps:

1. A free initial consultation with no strings attached
2. A deep dive into your financial situation and the best strategy for resolution
3. Your bankruptcy filing—and immediate relief

To start the conversation, call or text us today at 720-259-8400

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Any parent knows that child custody is a stressful and complicated issue. Child custody battles take a substantial psychological and emotional toll on both parents and children. Therefore, skilled legal representation can protect your rights and facilitate a settlement, which is the ideal outcome for most families. In 86 percent of cases in which legal counsel represented both parents, the parties reached a settlement on custody issues.

What is Child Custody?

Child custody involves separated or divorced parents with one or more children. Usually, both parents want physical custody of the child. However, in Colorado, parents may draft their own parenting plan, subject to court approval. The court may have to intervene if they cannot agree on custody.

In Colorado, child custody is known as parental responsibility, which can either be joint or primary. However, the term custody is still commonly used. If the parents share time with the child equally, then they have joint parental responsibility. If one parent has significantly more time with the child than the other parent, they have primary parental responsibility, and the other parent has visitation. Physical parental responsibility refers to parenting time and physical care at the parent’s home. Legal parenting responsibility refers to the right to make important decisions such as where they live, attend school, or religious instruction. In general, courts prefer that parents share custodial responsibilities. 

Factors in a Colorado Child Custody Case

Statutes say that there should be “frequent and continuing contact” between the children and both parents, unless a parent presents a danger to the children. The law also prevents courts from using the parents’ genders as a factor when making determinations about decision-making and parenting time. The court considers certain statutory factors in making custody decisions. In making a child custody or visitation decision, the court uses the ‘best interests of the child” legal standard, which means they consider the child’s physical, emotional and social development needs. Important factors include: 

• The child’s relationship with each parent;
• Each parent’s ability to provide a healthy and stable living environment;
• The parents’ willingness and ability to work together in matters of time-sharing and visitation;
• The child’s adjustment to home, school, and community.
• The current physical and mental health of all the people involved. However, note that by itself,  the existence of a disability cannot affect or restrict parental rights and responsibilities;
• The prior history of demonstrating effective parenting ability;
• Any history of misconduct, such as physical abuse or substance abuse; and
• Depending on the age of the child, their personal desires. There is no set rule, but most courts agree that age 14 is old enough to take their wishes into consideration.

Do I Need a Lawyer for My Child Custody Case?

Often, people want to know if they can represent themselves in a child custody case. Filing a petition on behalf of yourself is called “pro se.” However, even though it is possible, having a child custody lawyer is crucial to the outcome. Especially when the other parent hires a lawyer, and you don’t have one, the balance of power shifts, making it difficult to negotiate a fair arrangement. Child custody cases can be challenging, so you must present a strong and strategic claim. If one or both parents are drafting a parenting plan, a lawyer can ensure it meets the legal standard of “best interests of the child” so that the judge approves it. However, if you are in a contested custody fight, a lawyer is even more important. Your lawyer can protect your rights, advocate on your behalf, and guide you through the legal process. For example, they can:

Explain your legal rights and options.

You may be unfamiliar with the applicable laws. Your lawyer knows the law, the court rules, and the judges. Therefore, they can anticipate potential difficulties and strategize to obtain the best possible results. If one of the parents plans to move, making shared custody or visitation difficult, the law in a different state or county may affect your child custody dispute.

Obtain resources such as expert witnesses.

Many child custody cases require testimony from experts such as psychologists, social workers, and other professionals with relevant knowledge to support your case. Your lawyer might arrange for an investigation of the child’s housing, schooling, or medical care, which may impact the judge’s decision. 

Estimate child support.

Custody agreements affect child support calculations. The Colorado Child Support Guidelines determine what you pay or receive. Calculations are based on time with a parent, income from both parents, and credits for those who pay child care and health insurance costs.

Attend all court hearings.

Court hearings involve legal procedures, rules of evidence, and other details that can affect the outcome. If you have concerns about your child’s safety, your lawyer can bring these matters to the court’s attention. You can rely on your lawyer to present evidence and build a strong court case.

Handle modifications of existing orders.

Sometimes changing circumstances require a modification of existing parental responsibility orders. For example, the parent’s job or the child’s school schedule changes. When the parties cannot agree concerning proposed changes to a custody arrangement, you need a lawyer to advocate for your position. Your child’s safety and comfort are your first priority, so it is important to have a lawyer by your side right from the beginning and avoid mistakes. If necessary, the court can modify an existing court order. However, it can be difficult to change child custody matters, so you need the assistance of a lawyer.

What Can a Child Custody Lawyer Do for Me?

You want to provide the best environment for your children. Child custody cases are traumatic for everyone concerned. While it is going on, you still need to focus on your family, hold down a job, or tend to other responsibilities. Your lawyer can relieve much of the stress and tension, which may prevent you from taking actions that damage your case. Colorado’s laws are complex, and each situation is unique. For experienced, dedicated legal representation, contact the Aschenberg Law Group at 720-259-8400 or set up a complimentary consultation online.

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If your spouse has asked for a divorce, their request is probably one of the greatest shocks of your life. Sometimes people reach a mutual agreement to divorce, but not always. If your spouse wants a divorce, and you are not ready to give up on the marriage, you may feel out of control and that your whole world has shattered. 

You may think your spouse does not really mean it, but as Maya Angelou once said, “When people show you who they are, believe them the first time.”  Even if you are hurt and furious, it is best to stay calm and avoid rash actions, such as begging, threatening, clinging, or acts of spite. However, while you are processing your grief, a knowledgeable lawyer can explain your options, protect your rights and guide you through the legal process according to Colorado divorce law.

Colorado Divorce Law

Most people believe they will never experience a divorce, but a great many people do. The U.S. has the sixth-highest divorce rate in the world. According to 2020 statistics, there were 2.9 divorces per one thousand people in Colorado. The divorce rates go up for subsequent marriages.

Within Colorado divorce law, you may see the term “Dissolution of Marriage” (DOM), which refers to divorce. Colorado is a “no-fault” divorce state. That means if one spouse files a petition for divorce, the court will grant the divorce unless an agreement is filed by both spouses to dismiss the case. The court requires proof that the marriage is irretrievably broken, but it only takes the testimony of one spouse to establish that proof. The petitioning spouse does not need to allege adultery or domestic violence. The court will not force an unwilling spouse to remain in a marriage. Therefore, although there are two people in the marriage, it only takes one to end it.

Can You Avoid Divorce?

In Colorado divorce law, a divorce case begins when one spouse (the plaintiff) files a petition for divorce and serves it on the other spouse (the defendant.) In theory, avoiding service of process could prevent the divorce, but even if you manage to avoid being personally served, your spouse can sometimes serve you by publication, such as publishing a notice in the newspaper. Also, there are specific basic requirements for a divorce. For example, either spouse must live in Colorado for at least 90 days before filing a petition for divorce. If the parties are legally separated, they must wait six months before proceeding with a divorce.

Once the plaintiff has served the divorce papers on the defendant, the divorce will proceed through the court system unless one of the following issues exists. These circumstances may require the court to postpone the case or evaluate the situation.

• The court has no jurisdiction over the case or the person.
• Two different states have jurisdiction over the case.
• One spouse is unable to defend themselves.

Don’t Ignore the Divorce Petition

You may hope that you can save your marriage. However, the court will not order a reconciliation. Ignoring or failing to respond to the petition for divorce puts you at a disadvantage. The divorce will proceed by default, and the judge may decide matters such as alimony and child support without your influence. If you and your spouse do not reach an agreement on the terms of the divorce, it means the divorce becomes contested, and there will be one or more hearings so that the judge can decide the terms of the divorce. Refusing to sign divorce papers will not prevent a final divorce decree.

Some couples seek a court order for marriage counseling. Court-ordered counseling is rare, but couples may seek counseling on their own. Colorado has a waiting period of 91 days from the time of filing before the divorce can be finalized. However, many couples may take longer because there are many complicated, emotionally charged issues, such as child custody, child support, spousal support, and property division. The court may order mediation during this waiting period, to attempt to resolve some of these issues. How long your divorce takes depends on the unique circumstances surrounding your case.

What Can You Do To Protect Yourself and Your Children?

If your spouse wants a divorce, you should take steps to protect yourself and your children. You may not want the divorce, but you can protect yourself by being an active participant. For example, begin by: 

• Consult a skilled divorce attorney.
• Think carefully about your life, including your children, career, living situation, and special goals and needs. This is a good time to examine your future plans.
• Learn all you can about your family finances, such as assets, debts, and businesses. Make copies of all documents and put the copies in a safe place.
• Keep a close eye on your credit. Note any unusual charges.  
• Do not post derogatory photos or comments on social media. Such information is easy to find and may be used against you.
• Do not use your children as an emotional sounding board. In particular, do not speak badly of your spouse to your children.    
• Do not allow your spouse to intimidate you with threats such as cutting off your access to your children or financial risk. 
• If you have difficulty communicating with your spouse, try using author Bill Eddy’s BIFF communication method in emails or texts. BIFF stands for Brief, Informative, Friendly, and Firm. 

Your Attorney Can Help You Understand Colorado Divorce Law

Divorce is traumatic, and you may find yourself grieving the life you had planned. No matter where you are in the grief process (denial, anger, bargaining, depression, and acceptance,) a spouse who is seeking a divorce is probably more ready to accept the dissolution of the marriage. If your spouse is seeking a divorce, you may feel betrayed, frightened, and alone, but help is available. Even if you are in counseling or working to save your marriage, it is essential that you understand your rights and responsibilities in the divorce process. Your lawyer can guide you through each step of the process. If you are facing a divorce proceeding, contact the experienced, compassionate Aschenberg Law Group at 720-259-8400 or set up a complimentary consultation online.

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If you face the prospect of divorce, you may feel a range of emotions—everything from isolated to conflicted. Or, maybe even a little relieved or hopeful. At this stage, the divorce process can be overwhelming, and you likely have many questions about the legal aspects. Whatever you feel, we’re here to support you. And we want to let you know that you’re not alone.

Many of our potential clients want to know what the divorce process in Colorado looks like. While every divorce is unique, all follow these same basic steps:

1. File a divorce petition
2. Service of process
3. Initial status conference
4. Exchange financial information
5. Additional investigation
6. Mediation
7. Final hearing

Some of these legal terms may be unfamiliar to you. Below, we explain each step in detail, so you know what to expect along the way.

1. File a Divorce Petition With the Court

The first step in the Colorado divorce process is to file a petition. This paperwork notifies the court that you intend to divorce. The divorce petition forms ask for basic information such as your and your spouse’s name and address(es), and information about any minor children. 

• Before you can file for divorce in Colorado, you or your spouse must have lived in the state for at least 91 days.
• You file for divorce in the county where you or your spouse reside. While we can practice anywhere in Colorado, we mainly represent clients in Arapahoe County and Douglas County. This focus has allowed us to become familiar with the local judges and court system.

The spouse that files the divorce paperwork is called the petitioner, and the other spouse is called the respondent. Occasionally, the two spouses will file the divorce petition together. In those circumstances, the court labels one spouse the petitioner and the other spouse is the co-petitioner. 

After the divorce petition is filed, you will receive important information from the court:

• Your case number and case management order
• The date of your first court appearance (initial status conference)
• A request to complete additional paperwork, such as a parenting plan or support order

We understand how daunting this all sounds. If you hire us to represent you, you won’t be doing these steps by yourself. We handle the legal aspects of your divorce. We’ll answer your questions, make sure you understand what is happening, and what steps come next.

2. Service of Process

If you filed for divorce on your own—not a joint petition with your spouse—your spouse must be notified in an official manner. A Sheriff or a private process server must give the paperwork to your spouse. This step is called service of process.

It’s mandatory for a disinterested third party to handle this step. Many of our clients are relieved to know they don’t have to be present during the service of process. 

3. Initial Status Conference  

About one month after you file a divorce petition, you’ll have your first court appearance, called an initial status conference.

We know that no one looks forward to any court appearance.  Fortunately, this conference is informal. It’s a chance for both you and your spouse, along with your attorneys, to discuss the general nature of your divorce. During this conference, the Court will set various deadlines for your case and schedule any additional conferences or hearings.  Your initial status conference is one more step towards your future. 

4. Exchange Financial Information

The next step in the divorce process is the exchange of financial information. This happens approximately seven weeks after you file the divorce petition. Through your attorneys, you and your spouse will exchange information about your income, assets, and debts. 

This is a mandatory step in the divorce process. Finances are a sensitive subject, especially if you earn less than your spouse or are currently a stay-at-home parent. During your divorce, we remain a level and steadfast voice for you. We know that emotions can take the best of anyone during a divorce. We view your situation objectively and from a legal standpoint, as you deserve a solid foundation on which to build your future.

5. Additional Investigation

Some divorces will require additional investigation. During this phase, we may take further steps to discover and evaluate your assets. This is also the time to address child custody disputes. 

Each additional investigation looks different, but some common issues we address at this time include:

• If you suspect that your spouse is hiding assets, we may employ a professional investigator.
• If there is dispute over the value of land, property, antiques, jewelry or other valuables, we can hire an appraiser.
• We’ll help you pursue the best child custody arrangement for your family. If you have concerns about your spouse’s ability to parent, we can bring in experts to investigate and make recommendations.

We’re here to make this step go smoothly, even if your spouse chooses to behave uncooperatively or erratically. As your attorney, we work hard during this phase of the divorce process. We ensure that the truth is exposed to the courts, so you can secure an equitable division of assets and a satisfactory child custody arrangement.

6. Mediation

In Colorado, you must attend mediation for at least two hours. This meeting is meant to be a good faith attempt to resolve any lingering issues. But for some people, the thought of negotiating with their soon-to-be-ex spouse is unthinkable. 

Remember, you will not be at this mediation alone. We’ll be right by your side. We do not have any emotional investment or history with your spouse. We are there solely to protect your and your child’s best interests.

In the majority of divorce cases, face-to-face mediation may not be appropriate or productive. If you are the victim of domestic violence or your spouse has untreated substance abuse, please let us know. 

7. Final Hearing

If there are still unresolved issues, the court will schedule a final trial. If not already agreed upon, this is the time when spousal maintenance, child support, and child custody are finalized.

At the final hearing the court will hear testimony from you, your spouse, and any other necessary witnesses – including experts – about your assets, debts, incomes, education, other facts that the court needs to consider when determining how to divide the marital estate.    Additionally, if there are minor children, the court will hear testimony about what is best for the children.

We do our very best to make sure you are prepared for this hearing and the lawyer will be with you all the way.    

In most cases you will leave the courtroom divorced and with orders from the court on property and debt division, alimony, parenting issues, and child support.   

Any concern you have is valid. We are here to address these issues as they arise. Our goal is to be a true ally in the divorce journey. Reach out to our team today.

Unlinked Sources

https://www.courts.state.co.us/Self_Help/divorce/

The post What Is the Divorce Process in Colorado? appeared first on Aschenberg Law Group.

Why is a divorce consultation such an important step? Once you’ve made the difficult decision to file for divorce, the next step is to hire a lawyer. There are many qualified and competent law firms that handle divorce cases in Colorado. How do you go about finding the best lawyer for your situation—one that will understand both your immediate concerns and your hopes for the future? One that is ready to fight for an equitable outcome for you and your children?

Divorce is unique in that it is a legal matter, but it is also a major life event. The dissolution of a marriage is more than just paperwork and court dates. Even under the very best circumstances, a divorce is emotional and difficult. A divorce is an ending, but it is also the beginning of your future. You need the right lawyer to stand by your side throughout the process.

Before you hire us, we ask that you meet with us during a complimentary consultation. We believe that’s the best way to see if we’re a good fit for your case or not. While we can handle divorces throughout Colorado, most of our clients are in Arapahoe County and Douglas County. This focus has allowed us to become familiar with the local judges and court systems. 

To make the most of your consultation with us, here are tips to prepare:

1. Share a Brief Overview of Your Situation

When you schedule your complimentary consultation, we set aside 30 minutes to discuss your unique situation. 

We value your time and want you to benefit from this meeting. Depending on your circumstances, we may ask you questions like:

• What are your short-term and long-term goals for your children?
• Do you have any immediate financial needs and concerns?
• Are you worried about your spouse’s ability to parent (erratic behavior, unreliable, substance abuse)?
• Are you currently employed outside of the home? 
• Estimated earnings for you and your spouse

Once we get a baseline of your situation, we’ll talk further about pertinent issues like co-parenting options, an equitable division of assets, spousal support, and child support.

2. Gather Documents Ahead of Time

Here is some information you will need to gather and bring with you:

• The income, education, and work history for both you and your spouse
  • If possible, bring pay stubs, tax returns, 1099s, proof of self-employment income
• An overview of your assets and debts
• Prenuptial agreement, if you have one
• Information about any minor children

Having that information and documents available for the initial consultation will enable us to provide more exact predictions and estimates rather than a general overview.

Regardless … if you don’t have all of this information at your fingertips … that ok.   We can still have a great conversation about your options

Colorado is a no-fault divorce state. You don’t need to supply us or the courts with sensitive and private information about what led to your decision to divorce. 

When you sign a Colorado divorce petition, you simply acknowledge that the marriage is irretrievably broken. That being said, we may need to discuss your spouse’s behavior if it impacts your child custody or placement arrangement. 

3. Come With a List of Questions

This meeting is also a chance for you to ask us questions. We want you to feel comfortable and confident with your choice when you hire an attorney. Our approach may not be for everyone, which is why we offer a no-obligation consultation. 

We can also address any specific questions you have at this point, for example:

• Am I eligible for spousal support? Child support?
• I think my spouse is hiding money. How do I uncover these assets?
• Will the courts automatically assign 50/50 custody? I am worried about my spouse’s behavior and their ability to parent.
  

 At the end of your consultation, we will provide you with the estimated fees and costs to handle your specific case. We are transparent from day one, because the last thing you need during a divorce proceeding is any surprises from your legal team. 

Some people are very matter-of-fact during their consultation, while others become emotional. Your consultation with us is a safe and confidential space, no matter how you feel at the moment.

Ready to Schedule Your Divorce Consultation?

Many people experience a wave of emotions when they schedule a divorce consultation with us. You are putting your thoughts into action. The consultation is the first concrete step towards a better future.

Our aim is to be a stable and compassionate force for our clients. It’s crucial that you find someone you are comfortable with and have a good rapport with. If you choose us, know that we want what you want: an equitable divorce and custody settlement that puts you and your children on the path to a better future. 

If you’re ready to speak with potential divorce lawyers, we’d love to meet with you. Please schedule your complimentary divorce consultation today.

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