In this blog, we’re taking a closer look into the world of family law and the different types of cases that can be handled by a family law attorney. If your family is facing a legal issue, remember that you’re not alone. Family law attorneys have the experience, resources, and empathy to navigate your family through these difficult times. 

Peek Vasquez Family Law is your trusted Denver family law firm. Our experienced and compassionate divorce attorneys can help you navigate any legal issues affecting your family. In addition to representing Denver divorce cases, our legal team also specializes in different types of family law cases, including adoptions, alimony, common law marriages, child custody, and more. If you’re in need of representation for a family law issue, Peek Vasquez Family Law is here to ensure your rights are protected. 

What is Family Law?

Family law is a specific area of legal practice that focuses on cases involving family relationships. Many of the most common family law cases include adoption, divorce, child support, alimony, and more. Family law attorneys have specific experience representing these cases and negotiating on their client’s behalf. They can also support their clients by drafting critical legal documents, such as a court petition, when engaged in a family law case. 

Certain family law offices may specialize in unique aspects of this field. For example, some may focus on child-related cases, such as adoption, paternity, or emancipation. Other family law attorneys may focus specifically on divorce cases. If your family is facing a legal dispute that could alter the relationships within your family, you may need to call on the assistance of a family law attorney. 

What are the Different Cases Common in Family Law?

While we know that Denver divorce lawyer can certainly represent you in a divorce case, usually these attorneys can do even more. An experienced family law office will be able to represent many different types of cases. Essentially, almost any type of legal case that involves the relationships within a family will fall under the umbrella of “family law.”

Some of the most common types of family law cases include:

1. Divorce: every divorce is unique—just like the needs of every family. When you work with a Denver divorce attorney, they will inform you of your rights throughout every stage of the entire divorce process. From the initial filing to the finalization, a divorce lawyer will be at your side and assist you and your family through the process to hopefully reach an optimal resolution that benefits all parties involved. Whether pursuing a collaborative divorce, uncontested divorce, contested divorce, or a dissolution, these family law experts can improve your chances of receiving a favorable outcome.

2. Child custody: if you have children and you’re entering a divorce or marriage dissolution, their interests must come first. Determining child custody can be a tricky process, but a family law attorney can guide you through the process and ensure that your rights as a parent are protected.

3. Child support: in the event of a divorce or legal separation, child support is a common issue that needs to be addressed. Colorado courts operate under the assumption that children have the legal right to be financially supported by both of their parents. If one parent is no longer residing with them, they still must provide this support. In the event of a divorce or dissolution, courts will require that parents must financially support any children, as long as they are a minor, from the marriage.

4. Alimony: also known as spousal maintenance in Colorado, alimony is the financial support a spouse pays to a dependent spouse following a divorce or dissolution. Determining the amount of alimony takes many factors into consideration, including age, income, length of the marriage, and more. The court may award spousal support to a dependent spouse for a specific amount of time depending on these factors.

5. Adoption: the decision to adopt a child can be one of the most rewarding experiences of your life. However, there are many legal concerns to be aware of before a successful adoption can be finalized.

6. Common law marriage in Colorado: a common law marriage is a union between two adults where they may have not purchased a marriage license or had a traditional marriage ceremony, but they are still recognized as married by the state. It’s important to note that common law marriages are not recognized in every state. In fact, only 10 states and DC recognize common law marriages and the rules that dictate common law marriages will vary from state to state.

7. Mediation: mediation and arbitration are two methods of alternative dispute resolution that a family law attorney can help lead and guide you through. While a trial may be inevitable for some divorce cases, it’s advisable for most to reach a conclusion during the negotiation phase. Having a family law attorney who can successfully negotiate your divorce or child custody case during mediation can save you time and money and lessen the emotional impact on the entire family.

8. Psychological parenting rights: the term “psychological parenting” refers to whoever looks after and cares for a young child in their early years. The psychological parent can take many different forms, such as an adoptive parent, foster parent, or any other non-biological parent. Generally, the psychological parent is someone who is deeply rooted in the child’s everyday life and makes decisions for the child as a biological parent would.

Conclusion – What is Family Law?

While many people think of visiting a lawyer’s office following a car accident or other type of personal injury, there are many reasons why you may need the assistance of an attorney. Family law is a specific legal field that handles cases related to the wellbeing of families. Whether you’re pursuing a divorce, adoption, child custody case, mediation, common law marriage, or any other legal issue concerning your family, you owe it to yourself to visit an experienced family law office. 

A family law attorney can help you understand your situation, set realistic goals, and improve your chances of protecting the rights of yourself and your family. The most successful family lawyers are not just experienced and dedicated. They also have the empathy and compassion to effectively represent these delicate cases. 

Contact us today at Peek Vasquez Family Law to learn more about how we can help you and your family. With our initial consultation, we can assess your options from a legal standpoint and set you on the best path toward achieving your family goals.

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While you do need to consider the costs of hiring a divorce attorney, most people who have gone through a divorce will tell you that these fees are certainly worth it in the long run. Pursuing a divorce without legal counsel and representation can make it more difficult to meet your financial and family goals. Handling a divorce case on your own also adds an undue burden during an experience that many say is one of the most challenging times in their lives. That’s why it’s recommended to work with an experienced and empathetic divorce attorney to support you each step of the way.

In this blog, we’re exploring one of the most commonly asked questions individuals have before filing for divorce: who pays attorney fees? While the answer is more complex than one might initially assume, an experienced divorce attorney can help you assess potential fees and financial needs for your specific case.

Peek Family Law is your trusted Colorado family law firm. With a team of experienced and compassionate Denver divorce attorneys, we know what it takes to help each of our clients attain their family goals. In addition to Denver divorce cases, our family law office specializes in many different family law practice areas, including alimony, child custody, adoptions, and even common law marriages in Colorado. If you’re in need of a family law attorney you can trust, Peek Vasquez Family Law is here to support you. 

How Much Does a Divorce Cost?

The cost of a divorce is a critical factor that each party must take into account. However, you shouldn’t allow for potential financial issues to prevent you from making an important decision for you and your family. While each divorce cost will depend on a variety of factors, such as the attorneys, mediators, court fees, and the length of the divorce, statistics show that the average cost of a Colorado divorce is between $9,000 and $11,000. This includes all the fees you may expect, including hiring a divorce attorney, court fees, filing fees, and sundry costs.

But in many ways, the overall cost of your divorce will really come down to you and your spouse. If the spouses pursue an uncontested divorce, then there’s a good chance your overall costs will be much lower as these types of divorces move much quicker. However, if you pursue a contested divorce wherein both parties cannot come to an agreement on various aspects of the divorce, the process can drag on and quickly become much more expensive than the average. 

Who Pays the Attorney Fees in a Divorce?

This primarily comes down to the financial resources of each spouse. Under Colorado state law, each spouse is responsible for paying for their own divorce attorney fees. However, in cases where one spouse may not have the financial resources to do so, the court may order the other spouse to cover these divorce costs. Who pays the fees for each divorce case is always determined on an individual basis. This is just one more reason why it’s so important to hire an experienced divorce attorney who can help you assess the overall costs of your divorce. 

Does Being At Fault Influence Who Pays Attorney Fees?

This question arises is one party can be considered “at fault” during a divorce for actions such as cheating on their spouse. Thus, if your spouse is at fault for causing the divorce, do they end up having to pay attorney fees? In Colorado, this factor does not take part in a judge’s decisions to award attorney fees. So if your spouse does cheat or cause the divorce by some other means, this does not automatically mean they would be on the hook for any fees. 

What if I Can’t Afford Attorney Fees in Colorado?

In some cases, one spouse may have complete control over the finances in a marriage, such as when one spouse works and the other raises children. In these scenarios, the spouse who is financially dependent on the other may worry that they could never file for the divorce because they simply can’t afford it. While it’s no secret that a divorce can become a costly affair, but this concern shouldn’t serve as a barrier for individuals seeking a divorce.

These types of situations are why the state of Colorado has “Rose motions.” In a landmark case, the Colorado Court of Appeals determined that a trial court can actually award “prospective” attorney fees. This means that the court can order a spouse with more financial means to give some funds to the other spouse to fund the divorce. These requests are known as Rose motions.

Therefore, if you’re filing for a divorce but you do not have the funds to hire a divorce attorney, you can hire an attorney and ask them to file a Rose motion on your behalf. This works to ensure that the hardship of that divorce process is more equitable between the two parties. 

Conclusion – Who Pays Attorney Fees in a Divorce?

There’s no simple answer when it comes to who pays the attorney fees for a divorce in Colorado. While attorney fees may be drawn equally from a marital fund, a judge may also take into account the financial situation for each spouse. In some cases, if one spouse is the primary “breadwinner,” they may be ordered to pay partial or the entirety of legal fees for the entire divorce proceeding. If one spouse is not willing to work with the court, they may then be required to pay the attorney fees.

Determining who pays attorney fees in a Denver divorce can be complicated. That’s why you should never pursue a divorce on your own. Working with an experienced Denver divorce law firm can help you understand your case from a legal perspective and determine what this process might end up costing. Having a team of experts on your side can help you assess your options, set realistic goals, and understand the legal implications of pursuing a divorce. They’ll also negotiate on your behalf in efforts to see that your goals are met.

In most cases, there is no good or perfect outcome for a divorce. However, we promise to work diligently to ensure you receive the best possible outcome for you and your family. If you’re going through a divorce, don’t take on this challenge alone. Hire an experienced and compassionate Denver divorce attorney to help guide you every step of the way. 

Contact us today at Peek Family Law to learn more about how we can help you and your family. With an initial consultation, we can assess your options and set you on the path toward achieving your family goals.

The post Who Pays Attorney Fees in a Divorce? appeared first on Peek Family Law, LLC.

Peek Family Law is your premier Colorado family law firm. As trusted and experienced Denver divorce lawyers, we know what it takes to ensure our clients meet their family and legal goals. We specialize in various practice areas of family law, including divorce, adoption, alimony (maintenance), child custody, child support, common law marriages, and more. 

As seasoned litigators, we strive to leverage our experience and compassion to help our clients through these difficult times. Our goal is to resolve our family law cases as quickly as possible to reduce trauma to children and families. If you’re in need of compassionate, effective, and passionate legal representation, Peeks Family Law is here for you. 

What is Family Law?

Divorce cases are categorized under the larger legal umbrella known as family law. Family law refers to a practice area that focuses primarily on legal issues involved with family relationships. These specific relationships may include marriages, divorces, adoptions, child custody, and more. Family law lawyers represent clients in court proceedings and help them navigate the often complicated negotiations process. They also draft key legal documents, such as court petitions and property agreements, and will represent their clients in front of a judge during a trial. 

Some family law lawyers will focus on particular specialties. Some may specialize in adoption cases, emancipation, divorce, or other family-related issues. What’s unique about family law attorneys is that their cases deal so intimately with close bonds, especially those between children and their parents. This is why family law requires a unique level of empathy and compassion as these lawyers help families navigate these challenges. 

What Does a Divorce Attorney Do?

What exactly can a divorce attorney do for your case? Essentially, a divorce lawyer will handle all the legal aspects of your case from start to finish. They’ll gather important documents, file the necessary paperwork, and help you adhere to critical deadlines. Their role is to make the divorce process as efficient, timely, and pain-free as possible for their clients. 

While this type of outcome may not always be possible, they’ll utilize their experience and resources to help you meet your legal goals. Your Denver divorce lawyer will also handle any communications with other lawyers, including potential negotiations. Very few people are equipped with the legal knowledge or skills to successfully negotiate these matters. This is one battle you don’t want to face alone. 

Why Should I Hire a Denver Divorce Attorney?

During a divorce, taking the time to find the right divorce attorney might seem like the last thing you need. After all, isn’t it possible to handle a divorce without legal representation? In Colorado, you’re allowed to file for a divorce and complete the entire process without a Denver divorce lawyer. Yet, most legal experts would not recommend this option.

Let’s take a look at who you should hire a Denver divorce attorney:

1. Assess the specifics of your case and determine your legal options.

No two divorces are the exact same. Each divorce presents a unique situation and legal circumstances that need to be navigated. 

For example, a divorce case involving Denver child support will be inherently different than one where no children are involved. A divorce attorney will be able to assess your unique case to determine the best course of action. 

2. Help you set realistic goals.

The best outcome for most divorce cases is an even split between the two parties. A divorce attorney can help you set realistic, attainable goals so that you have a clearer vision of how this proceeding may conclude. They will also help you file the necessary divorce paperwork and make you aware of important deadlines that may affect the outcome of your case.

3. Pre-trial preparation.

If your divorce case goes to trial, there is quite a bit of pre-trial preparation that needs to be done if you hope to achieve a favorable outcome. Your divorce lawyer will assess the specifics of your case and conduct extensive legal research into how the law applies to your situation. They can also work with any potential witnesses you may call and prepare them for the trial. 

4. Represent you in court.

And finally, a divorce attorney will represent you in court in front of a judge if your divorce case goes to trial. In Colorado, all divorce and family law trials are heard by judges—not juries. It takes experience and a thorough understanding of legal information and proceedings to successful present an argument to a judge. While you can represent yourself in a court of law, very few individuals have the experience and knowledge to do so successfully. 

What Happens if I Don’t Hire a Divorce Lawyer?

In some cases, you may be able to successfully complete a divorce without the assistance of a divorce attorney. But this is a risk that most people are not willing to take. Why is that? Well, without the proper legal representation, there’s a chance that your interests will be overlooked and you’ll lose out on that favorable outcome you envisioned. 

If you choose to represent yourself in court, you may fail to meet certain procedural requirements that can hurt your case. From a legal perspective, divorces are complicated and require specific knowledge and experience to find yourself on the right side of the settlement. Hiring a divorce attorney increases your chances of receiving the outcome you desire. 

Conclusion – Why Should I Hire a Denver Divorce Attorney?

Going through a divorce is a challenging, stressful, and emotional experience. If it feels like you may lose everything, remember that you don’t have to go through this process alone. When you work with an experienced and compassionate Denver divorce law firm, you’ll have a team of experts on your side. We’ll help you assess your options, set realistic goals, understand the legal implications of your situation, and work to the best of our abilities to ensure that your goals are met. 

In most cases, there’s no “good” outcome following a divorce, but we work hard to ensure you receive the best possible outcome.  If you’re going through a divorce, don’t take on this burden alone. Hire an experienced and compassionate Denver divorce attorney to help guide you every step of the way. 
Contact us today at Peek Family Law to learn more about how we can help you and your family. With a free consultation, we can assess your legal options and set you on the path toward achieving your legal and family goals.

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2. Trust Your Coach’s Playcalling
By “coach,” we are of course referring to your Denver divorce attorney. As the “quarterback” of your divorce, you will ultimately be making the important decisions. A good attorney, however, can help you by advising you as to the best course of action, and making sure your interests are protected. Furthering the analogy, they can also work with a team of “assistant coaches,” such as forensic accountant, who can lend their own specialized expertise to your case.

3. Take What The Defense Gives You
In football, teams will often make adjustments to their strategy during the game to make their team perform more effectively and efficiently. In an uncontested divorce, you may need to compromise with your spouse in much the same way. While you should never sacrifice your rights, a divorce involving compromise will usually yield a better end result for both parties.

4. Don’t Deflate The Ball!
After the New England Patriots were caught under-inflating footballs at their home games, quarterback Tom Brady was essentially punished (however ineffectively) for hiding evidence of his involvement. Likewise, hiding assets in a divorce will come back to haunt you. Be honest and up front with the judge in your case, and you will likely enjoy a more favorable resolution to your divorce.

5. Get Ready to Make Another Run
We aren’t saying you should get ready for another divorce – instead, you should get ready for your new life ahead. Divorce really can be a fresh start, particularly when you have a healthy attitude. It is never an easy process, but you can prepare for the future by relying on your team of friends, family, and a therapist or counselor.

Our Denver divorce lawyer can help you toward a brighter future. Contact us today for an evaluation of your case.

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Myth #2: Property Is Always Split 50/50
Many people believe that all property is split equally between the two spouses. In reality, marital property is split equitably, meaning that it has to be fair, but does not need to be equal. Generally speaking, the court will look at each spouse’s economic circumstances, as well as any factors which impact children, when determining the division of property. Additionally, property which is deemed “separate,” such as a car owned before the marriage, will not be subject to division.

Myth #3: Mothers Will Always Get Primary Custody
This is a myth which is rooted in fact. Many years ago, it was highly uncommon for a father to be granted custody over children in a divorce, even if their mother is unable to care for them. These days, the court will grant custody in “the best interests” of the children, and fathers routinely receive primary custody.

Myth #4: It’s Best to Hide Your Assets
This myth could not be further from the truth. The court will almost undoubtedly find out about your hidden assets, and may even punish you for trying to hide them. The best thing to do is to be as up-front and honest as possible about all your assets.

Myth #5: Men Will Always Have to Pay Child or Spousal Support
This is another myth that was once true, but no longer carries any weight. These days, it is possible for both the mother and father to be ordered to pay child support payments. Likewise, alimony can be ordered for both men and women, and is now based on current earnings and earning potential, rather than gender.

Getting divorced? Call our firm today for your free case evaluation.

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Don’t Use Your Children as Therapists or Spies
Divorce is especially difficult on children, but can be made even tougher if one or both parents use them as a sounding board. While you may have serious issues with your spouse, you should not bring your children into the middle of your dispute. Do not use them to collect information on your spouse, or attempt to sway their opinion of the other parent.

Don’t Attempt to Hide Property
It is very common for individuals to hide property, or “give it away” with the intention of retrieving it later. This rarely works out well. If the court finds out that you are attempting to hide property, you could face incarceration, a dismissal of your claims, and additional fees.

Don’t Violate Any Court Orders
During a divorce, it’s common for a judge to issue temporary custody or visitation orders. It is a very bad idea to violate these court orders, as it can make it extremely difficult to get the custody or visitation rights you desire. Unless you have reason to believe that your children are in danger, it’s best to follow the court order to the letter.

Don’t Let Your Emotions Control You
This is perhaps the most important “don’t” of divorce. Divorce is an extremely stressful process, and it’s very normal to feel angry and upset at your spouse. However, it’s crucial that you don’t make decisions based on emotion–while you may feel better for a moment, there is nothing to be gained from this behavior.

Getting Divorced? Call (303) 495-5757 Today.
At Peek Vasquez, LLC (former Peek Family Law, LLC), our skilled Denver divorce attorney can help guide you through this difficult time. Our firm proudly provides personalized, comprehensive legal solutions which are aligned with our clients’ desired results. Attorneys Sean Peek and Ricardo Vasquez have extensive experience in a variety of family law matters, and can assist you with all aspects of your divorce including child custody, child support, alimony, and more.

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1. They Are Logical
In family law cases, it is absolutely crucial to choose a Denver family law attorney who can think logically. In contentious cases like divorce or child custody, your lawyer needs to be able to advise you of your best interests at a time when you are likely overcome with emotions. A logical lawyer has the tools to put together clear, effective legal strategies.

2. They Are Creative
Legal matters are rarely black or white, and this is especially true for family law. For example, child custody matters are often decided based on the “best interests of the child,” but this is very subjective. It’s important to have a lawyer on your side who can develop creative solutions to the challenges you may face, and who can think on their feet.

3. They Are Well-Spoken
An attorney’s ability to talk is often their greatest weapon. This is true in the courtroom, and is equally true in mediation and other negotiations. You want a lawyer who can communicate clearly and effectively to make sure your voice is heard.

4. They Are Compassionate & Friendly
This one is a bit more specific to family law – in matters of criminal defense or business litigation, you may want a lawyer who is cold and calculating, not warm and friendly. In a divorce or child custody matter, however, you want an attorney who understands your goals, your desired situation, and your concerns. A lawyer who will take the time to listen is typically a lawyer who cares about helping you resolve your legal issues.

5. They Are Knowledgeable
The family law matters you may be facing can impact the rest of your life, in many ways that you may not expect. It’s important to have an advocate on your side who understands how these matters will affect you. A good Denver divorce attorney will advise you as to the best course of action at every step of the process.

Don’t settle for subpar representation. Contact us today to schedule an initial consultation

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Time Saver
In uncontested divorces, both parties are normally in agreement of most of the terms of the divorce. This results in much less time and paperwork, which streamlines the entire process and minimizes the room for errors to be made. While a contested divorce can typically take several months or even longer, sometimes the process for an uncontested divorce can be done much quicker.

Lower Level of Conflict
If preserving a civil relationship between you and your ex-spouse is important, an uncontested divorce is most likely your best option. The process fosters a more cooperative environment that allows for open discussions to take place. While it’s unrealistic to assume that no conflicts will arise between you and an ex-spouse, the amount of disputes significantly decreases in an uncontested divorce.

Confidential
The last thing you want when going through a divorce is for your information to be made public. Divorce proceedings and procedures are typically thought of as private and closed meetings, but when taking a divorce to court, documents outlining your financial and personal information becomes a public matter and is eventually made accessible through county records. In a divorce that is uncontested, less paperwork is filed which results in less information to be made public.

In need of a Denver divorce lawyer? Contact us to schedule a case evaluation.

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My Spousal Maintenance Payments/Awards Depend Entirely on my Lawyer
While it is undoubtedly important to retain a skilled Colorado divorce lawyer when going through divorce proceedings in order to obtain the best settlement you can, there are legal precedents set in place for determining alimony awards. You should always speak with a skilled lawyer if you have any questions regarding your eligibility to make or receive payments and determine if your unique income situation qualifies you for any special considerations.
Colorado’s courts treat alimony payments as rehabilitative, giving one spouse a chance to improve their life by finding a new place to live, further their education, or in some way improve their livelihood in order to be better prepared for life without the income of their former spouse. Formulas are in place to help determine these payments, but a judge has the power to address special circumstances.

My Spousal Maintenance Settlement is Final
This is false. Spousal maintenance awards can be adjusted or even terminated due to a change in circumstances. For example, if the recipient of spousal maintenance is able to get a job and adequately support themselves and their quality of life, then both parties may agree to terminate the payments early. Likewise, many spousal maintenance awards terminate if the recipient remarries.

Men are the Only Ones who Pay Spousal Maintenance
Men are not the only ones who work, and in many households, are not the primary income earner. Thus, men can receive alimony payments. The spousal maintenance formula for Colorado couples factors in individual income, the length of a marriage, and property ownership and allocation, but makes no reference to any gender restrictions for either side of an arrangement.

Common Law Marriages Don’t Have Spousal Maintenance
Common law marriages are somewhat of a grey area in Colorado law, as there is no defined amount of time two people must be together before their union may be considered marriage by common law. The biggest factor in these cases is whether there is an agreement and general assumption of marriage to the public. Filling a joint tax return, having a combined bank account, or filing for married benefits with insurance companies can even constitute a public assumption of marriage and subject the higher income earner to make spousal maintenance payments should the couple split up.

Peek Vasquez, LLC is a Denver family attorney specializing in all matters of family law, including adoption, divorce, custody, and many other matters. A graduate cum laude from the Tomas M. Cooley Law School, Attorney Peek has the knowledge and insight to help you with whatever your family legal needs may be.

If you have a question pertaining to your legal options or would like to have your case evaluated, contact Peek Vasquez, LLC (former Peek Family Law, LLC) online or by phone at (303) 495-5757 today.

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Keeping Your Possessions
The spouse who stays in the home is in no way guaranteed to be the spouse who gets to keep the home after the divorce is finalized. In fact, Colorado law tends to side more with the spouse who has the legal responsibility for the home, including having their name on the mortgage and their utility bills. When the spouse responsible for these burdens cannot afford them, the court will often order some form of temporary maintenance during the divorce, particularly if that spouse is not the higher-earning spouse.
Keeping the home afterward is also open to negotiation. One spouse can request to keep the home, but may have to concede on a number of other points in order to make a fair divorce agreement. Likewise, the things within the home itself, such as furniture, may be taken away, as well as any mutual possessions that are given away as part of the concession.

Child Custody
During a divorce, the court may opt to create a temporary child custody order in order to help the children’s lives remain stable. This can be seen as an advantage to the parent who remains in the home for child custody, but not always. Making an agreement in writing that the parent who is moving out is not giving up any rights to child custody is one way to ensure you maintain your rights. If you cannot obtain one of these agreements, you can ask the court to establish a temporary parenting schedule, which also helps maintain your rights to child custody.
If you need assistance with your divorce case, seek assistance from a skilled Denver divorce attorney. At Peek Vasquez, LLC (former Peek Family Law, LLC), attorneys Sean Peek and Ricardo Vasquez help you shoulder the emotional burden by removing some of the stress and uncertainty from your divorce. When you trust your case to Attorneys, you can be sure that your case is in the hands of an attorney who is up to date on the latest laws and case results, allowing us to fight to protect the best interests of you and your family in the most optimal manner.

Call Peek Vasquez, LLC today at (303) 495-5757 and schedule your case evaluation with our firm.

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