Should I get a divorce?

For many, there is no more traumatic or destructive experience than going through a divorce.  The decision to divorce is yours alone and should be approached with caution and after some form of careful counsel.  Sometimes, the need for a divorce is immediately apparent (e.g., physical abuse, mental abuse, infidelity …) but sometimes a marriage can be salvaged simply by taking a step back and working through things, one issue at a time.  Every person contending with a divorce should, at a minimum, gravitate toward relying on the family and friends in your life that will keep you buoyed as you weather the process.

What if my spouse filed for divorce but I don’t want one?

The grounds for obtaining a divorce or legal separation is that the “marriage is irretrievably broken.” Only one party needs to testify that the marriage is irretrievably broken and that counseling or therapy would not lead to reconciliation.  Thus, it takes two to tango.  If one spouse is committed to a divorce or legal separation then you are bound to deal with the divorce process.

Should I get a divorce lawyer?

A lawyer is always a good idea in divorce.  In addition to bringing a high level of knowledge and experience to the table, a lawyer will insulate you from the near-daily grind associated with managing emotionally charged divorce litigation.  Just because a lawyer is always a good idea, doesn’t mean that you need one.  Some marriages are short in duration with few assets or rights to contend with.  Some divorces are amicable, and the hiring of lawyers would only invite otherwise avoidable acrimony.  At Peak Partners we are committed to walking you through the cost-benefit analysis before investing in a lawyer. Should you choose to complete a divorce without lawyers, our firm will always direct you to: colorado self help forms.

Hire the right lawyer.

If you are committed to divorce, either voluntarily or involuntarily, and have decided to hire a lawyer to help, hire the right one.  There are many divorce lawyers that are competent and understand the law.  However, there are fewer divorce lawyers that can customize their services in a way that honors your desires.  It is important that you meet with more than one lawyer to determine if your respective personalities mesh in a way that invites trust and confidence.  There are lawyers that will honor a lower price point but may have a higher volume of clients consequently.  Some lawyers will have a very low caseload but will not bat an eye at sending you a $150,000 aggregate bill at the end of your divorce.  Some lawyers are there to simply churn you through their self-created internal process and withdraw from representation when things get difficult.  At Peak Partners we strive to hit the right notes in representation.  Sometimes you need your lawyer to be off the leash, and forcefully impose your position into the process.  Sometimes you need your lawyer to let off the gas and give space for positive dialogue to prevail.

Prepare.

Alongside your lawyer, and as early in the process as possible, you need to spot the issues that will be most prevalent going forward.  In a high-asset case involving self-employment, you may want to preliminarily discuss available experts to provide reliable and helpful valuations and reports to help frame in the marital estate.  In a case involving children, you may want to identify experts (e.g., CFI or PRE) that create reports regarding the best interests of the children.  No matter what, you should start accumulating all documents you are able to legally obtain in anticipation of your ongoing disclosure requirement to the other party.  Getting ahead of the curve on these issues can ease any anxiety going into the divorce process.

If you are facing a divorce in Colorado Springs, we are here to help you at Peak Partners Family Law. Contact us today at 719-600-1373.