Boulder Divorce Attorneys

Full Representation in Low-Conflict Divorce or Legal Separation

• What's full representation? We represent you on all issues of divorce and negotiate resolution with your spouse or their attorney. We prepare all the necessary paperwork to settle the case and file our client’s portion with the court. We may decline to continue representation if a contested issue requiring a hearing arises or we will require an additional retainer amount be paid to handle it.

• What's a low-conflict case? Low-conflict cases are those expected to settle without the need for a judge to decide any disagreements. These cases may also be referred to as amicable divorce, uncontested divorce, no contest divorce, collaborative divorce, or cooperative divorce. We resolve cases through negotiations out of court. Our hope is to save clients emotional and financial stress by approaching your case from a mindset of resolution rather than conflict. Not all cases can be low conflict. To be effective, it’s necessary that both spouses are committed to this mindset. If either spouse is insistent on forcing a court hearing, the amicable spouse cannot prevent that. Parties must be willing to discuss terms of settlement to settle a case. Some cooperation is also necessary in transferring assets, changing titles, and co-parenting. Cases are not low conflict if they involve domestic violence, protection orders, criminal charges, on-going substance abuse, or child protective services. 

• Can you represent both of us? We can only represent one spouse. We cannot represent both parties in the case. Lawyer ethics rules only allow us to give legal advice to one party. We can refer your spouse to other like-minded attorneys to consult with on finding resolution. We can still communicate about negotiations and the court requirements with your spouse or their attorney. So if we are the only attorney involved we can still communicate your proposals on settlement to your spouse. But we cannot answer legal questions your spouse may have. They need to get legal questions answered by their own attorney. Common legal questions that come up are: Is the property being divided marital?, Should there be maintenance or child support?, How much should maintenance be?, How much should child support be? 

• How long will this take? Here is our detailed blog, but the basic answer is that the actual settlement can be accomplished as quickly as both parties can identify all the issues involved and come to agreement. The law in Colorado does not allow a judge to issue a decree dissolving a marriage until 91 days have passed since a joint petition was filed or since both parties were served. This does not mean we cannot reach a settlement on day one. It just means your legal status as a married couple cannot be dissolved until 91 days have passed. The typical timeline for getting a settlement negotiated and drafted in a truly uncontested case is about two months. In that time, we have to identify all of the issues and assets involved, negotiate asset values, and reach agreement on how they will be divided. 

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Advice at Mediation

• In all divorce cases, the courts require a mediation session with a divorce mediator if a case is not settled by a certain date. We can provide consultation before the mediation and attend mediation with you as your attorney to provide advice during mediation.

• We will review your case prior to mediation and prepare and discuss what your positions should be.

• We will then attend mediation with you and help present your positions.

• At mediation, you are asked what will resolve the case. You will have many questions that you might not be able to decide during mediation unless you have an attorney giving you advice. This helps ensure you can make informed decisions when you are put on the spot in mediation.

• We do not serve as a mediator, which involves directing negotiations between both parties. A mediator cannot give either party legal advice and must remain neutral. In cases with many assets and legal issues in question, we find legal advice to be necessary as questions are inevitable. This creates problems for the parties without attorneys attempting to resolve a case at mediation when legal questions (ex: how much should maintenance or child support be?) inevitably arise. 

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Drafting Settlement Documents

• We can prepare settlement paperwork. Note that we only represent one spouse in doing this, as we can only provide legal advice to one spouse. Settlement documents are the most important part of a divorce case. In drafting, there are often ways that terms can be drafted more for the benefit of one party. Both parties should have their own separate attorney review the settlement terms to ensure they reflect what the client believes they are agreeing to.

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Hourly Consultation

• We offer hourly consultations to provide insight on your case and the court process. This can be appropriate for cases with few or simple assets and for narrow legal questions.