Deciding to divorce can be a very tough, and many times, painful decision. It means a complete change to your current lifestyle, including your housing, finances, and most significantly, changes with regard to many of your most important relationships, especially if children are involved. It is normal to feel confused and ambivalent about divorcing and it is not a decision that should be made impulsively or without a lot of thought. Often, a couple will make a diligent effort to try therapy to see if they can resolve their problems and will work hard at saving their marriage. This can sometimes be successful, or it may further confirm that the marriage is over.
The list is lengthy, but some of the issues leading to divorce include infidelity, betrayal, neglect, an erosion of trust and respect, lack of financial or emotional support, diminished involvement in the relationship, abusive or coercive behavior, addictions, untreated mental or emotional issues, escalating and unresolved arguments, end of intimacy, or lack of shared goals. It could be that the partners have simply grown apart and have nothing in common anymore. If any of these issues resonate with you, you probably have already considered divorce and may also have begun to imagine a new, happier future without your partner.
Even if divorce is your idea and you are the first to bring it up, there is a pretty good chance that your spouse is not that happy with the way things are going in your marriage, either. Many couples, although they may recognize that the marriage is over, will sometimes try to avoid that reality just because of the fear of what lies ahead. Reluctance to face the situation keeps couples stuck in dysfunctional relationships and wastes precious time in not allowing life to be lived to the fullest. When staying in an irreparable relationship, couples fall into bickering and fighting, ultimately creating a negative and stifling environment for themselves and those around them. By prolonging the inevitable, the only thing that is accomplished is that the relationship between the spouses is made even worse.
If you are in a situation where divorce is a real possibility, it is very important to adopt the mindset that there is nothing disgraceful about ending a marriage. Don’t look at it as a failure, or start to buy into the negative and often misguided generalizations that surround divorce and the legal aspects of the divorce process. If children are involved, realize that it is not in their best interest to live in a home where the parents are unhappy and only staying together for the “sake of the kids.”
If both spouses can separate emotions from the divorce process, both will benefit in the long run. How you go about ending your marriage is an important choice. You can choose avoidance, grief, fear, and anger, or you can approach divorce with a rational and cooperative plan. It is perfectly normal for there to be a flood of emotions, as separation and divorce is never an easy process. Don’t think of deciding to divorce as the beginning of a battle, instead try to shift the perspective, talk to your spouse about how you will work together to make the whole process as easy as possible, and see if you can agree on some common goals.
The attorneys of Hulse Law Firm understand that divorce is an enormous decision and not to be made impulsively or lightly. It takes a great deal of time and heartfelt consideration to arrive at that decision. Call Hulse Law Firm today to schedule a legal consultation. We are highly skilled family attorneys who understand all aspects of divorce not only from a legal perspective, but from an emotional one as well. We are here to help you work through and clarify many of the issues that you are facing, and see to it that your rights and interests are protected every step of the way.
When preparing to start your divorce action, or if you already know that you will soon be served by your spouse, it is important to gather and organize the paperwork that will be necessary. Many people hate the idea of paperwork and even try to procrastinate about it, but being pro-active will save a lot of time in the long run. You will be able to answer many of the critical questions that will help your attorney access your situation and advise you of your legal rights and responsibilities.
On the first visit to your attorney be prepared with the date of marriage, birthdates and social security numbers for you and your spouse, information about previous marriages including divorce decrees, prenuptial or postnuptial agreements, and any judgments and pleadings that involved either you or your spouse.
If dependent children are involved, bring your children’s birthdates and social security numbers. Caring for your children will require financial cooperation. You will need to make decisions about parenting time, child care expenses, educational expenses, and future expenses such as college. You will also need to resolve which parent will claim the children for credit on your taxes. While things won’t necessarily be resolved immediately, start to formulate your thoughts and goals on all of these issues.
The amount of documentation and paperwork you will need depends on whether your divorce is contested or uncontested. As you can imagine, there will be a lot more paperwork required for a contested divorce than for an uncontested case. The attorneys of Hulse Law Firm will work with you so that you can access the appropriate financial information early on and make sure that key items are not overlooked. We are specifically trained to help you navigate a successful settlement and secure your future financial stability.
The process of determining total assets and debt is more involved. You will need to produce paperwork that includes tax returns, bank statements, loan statements, credit card statements, marital home and other real estate information, vehicle information, health and other insurance accounts, investment accounts, and retirement accounts. These documents should cover your long-term history, not just the most recent transactions. While it generally depends on the length of marriage, three years of data should be sufficient.
Make a list of personal property including jewelry, artwork, collections, and antiques, and also specify which financial and material assets you personally brought into the marriage as individual property. It is also a good idea to pull your credit report and make sure you know about all debt that is registered in your name.
The summarization of a complete and accurate financial picture is a very important part of the divorce process. This disclosure of information will be put together from the paperwork and documents discussed here. The attorneys of Hulse Law Firm will ensure that the financial disclosure is done accurately, will see that your assets are safeguarded, and protect you so that you don’t miss out on your share of your spouse’s assets, investments, or accounts.
Being aware of the documentation needed and taking the time to prepare and organize your paperwork will save you a significant amount of time, money, and much of the unnecessary last minute stress. While we understand this is a very emotional time, it is important for you to stay focused during the entire process of divorce and know that accurate information and financial accountability is critical. As your attorneys, we will also help you create a clear picture of what it will cost to maintain your current lifestyle so that you are well-prepared to move on with your life after divorce. Call Hulse Law Firm today to set up your initial meeting!
If you are in the process of divorce or separating from your partner, naturally you are concerned about how the situation will impact your children. If handled poorly, it is true that divorce can negatively affect your children. However, you have the ability to significantly reduce this impact by making a concerted effort to ensure that your children continue to feel safe, secure, and loved. How you handle yourself during your divorce will play a huge role in how the children respond, even as the family structure is changing.
When facing divorce, couples often wonder, “Should we stay together for the kids?” Despite the fact that divorce is difficult, staying together for the sake of the children may not be a good idea after all. Studies show that children who live in homes with conflict and hostility are actually at a higher risk for developing their own mental health issues and behavioral problems. Children do better with well-adjusted parents who are respectful to each other, rather than resentful, even if it means that they no longer live in the same household. Many times parents find divorce is the healthiest option for everyone involved. Once you have resolved that in your mind, don’t continue to second guess yourself or carry unnecessary guilt.
As a team of experienced and compassionate family law attorneys, Hulse Law Firm understands the variety of highly charged issues that accompany divorce. It is not easy to control emotions and navigate through the various situations that arise. Based upon years of experience working with our clients, we have a few recommendations to help you and your children cope with divorce and the changing family dynamics.
Whatever your questions are with regard to ensuring the welfare of your children during a divorce, put your mind at ease by contacting Hulse Law Firm. We understand every situation is unique. Each of your questions and concerns are valid and deserve to be addressed. We are here to listen and provide expert counsel on the best course of action and on your rights as a parent. Remember the importance of reassuring the children that they are loved, even though their parents may be going their separate ways. Help your children look forward to a happy, healthy and positive future. Call us today!
The long-awaited summer break is almost here, and while children and parents eagerly look forward the good weather and a new sense of freedom, that change in daily routine often adds anxiety to families of divorce. Parenting time schedules are not quite as predictable as they are during the school year. Summer break might mean long distance visitation and vacations. Children may be away from one of the parents or the primary home for a longer period of time than they are used to, and that can be stressful for them. Now is the time to make sure your plans for parenting time during summer break are firmed up and everyone is on board. This will go a long way to help your family head off any misunderstandings or unnecessary tensions. Summer should be a fun, secure, and special bonding time with your children. Early preparation can help ensure that happens!
Some parenting plans are detailed about coordinating parenting time during school breaks and holidays. It’s a good thing to have the original plan drafted in such a way that there is a clear understanding and defined structure. However, it is also important to understand a variety of situations do arise, children’s social and recreational activities change, parents remarry, family dynamics change, and unexpected opportunities can pop up at any time. As children get older and family situations evolve, there are circumstances that would justify a change in a court ordered parenting time schedule, especially during summer breaks. In order to officially modify a schedule, a “Motion to Modify Parenting Time,” will need to be filed with the Court. Don’t assume that a schedule will change as your children get older, but be prepared if that does happen. Hulse Law Firm has a few ideas to help you work around any potential conflicts and prepare for a fun-filled summer.
Because Colorado relies on the “best interests” standard, there is no “one fits all” parenting time schedule, and sometimes schedules may warrant deviations. The more detailed you are with your parenting plan and the better your communications are with your ex, the fewer problems you will run into. Hulse Law Firm offers sensible suggestions and strategies to help you and your children feel more secure and less anxious about all of the adjustments that inevitably occur during divorce and parenting time modifications. Feel free to reach out to us with questions or regarding any challenges you may be facing. We wish you a happy and healthy summer break with your children!
Given the current pandemic involving COVID-19 most of Colorado’s Counties are focusing their resources and only handling emergency domestic hearings like protection orders and motions to restrict parenting time. They are still taking new case filing at this time, but action on them may be delayed. The Counties have vacated most family law hearings or switched them over to occur by telephone until either the middle of May 2020 or June 1, 2020, depending on the local county policy.
Here at the Hulse Law Firm, we understand that the current public health crisis does not pause your life and that legal issues continue to arise. Remember the Hulse Law Firm offers free initial consultations which can used to help guide you through these difficult times. We are currently doing these remotely and can facilitate them over the phone or some form of video conferencing. If you want to schedule a free initial consultation, please click HERE or call 720.773.2900.
Most Counties still have Court Resource Centers (Self-Help Center) available remotely as well and forms can be accessed at www.courts.state.co.us . Please note they are receiving a high number of calls and emails and are generally operating with a limited staff. Here are some details of those services for the various Denver-Metro Area Counties:
The Hulse Law Firm is committed to provide the service our clients have come to expect and deserve. The safety and well-being of our employees and clients is of the upmost importance. During this tough time, we will remain open for business and will continue to accept new clients. Currently, we are happy to offer 30-minute free telephone consultations. If you would like to schedule a consultations, please call us at 720-773-2900.
At the Hulse Law Firm, we often have cases where one of the party’s owns his or her own business. This is a unique situation, and often requires additional experts to get involved to value the business (which are called “business evaluations”, and sometimes, to determine what the owner’s actual income is for the purposes of determining maintenance and child support.
When a spouse owns a business, it is very difficult to determine the “value” of that business without an expert involved. Almost every business has some sort of value to it, and the person keeping the business is keeping the value of the business, in the same way the person keeping a retirement account keeps the value of the account.
Oftentimes, the spouse not keeping the business, will get compensated for that value by getting more of another type of asset, or by receiving a payout over time for half the value of the business.
Additionally, an expert can look at the income of party who owns the business if there are concerns that a) a business owner is claiming more deductions than he or she should, b) a business owner is running personal expenses through the business, or c) there is a concern the owner is hiding earnings.
It is important to note that a business can often be valued at 1-3x the annual income the business produces, so it is almost always advisable to have an expert value the business if you are the spouse that will not be keeping the business in the divorce. This is not always the case,
If you or your spouse has a business, it would make sense to schedule a free consultation with an attorney to discuss the specifics of your case and to determined whether a business evaluation is needed. Please call 720-773-2900 to schedule a consultation. For more information on the Hulse Law Firm, go to https://www.hulselawfirm.com/
Hulse Law Firm | Mediation
Mediation is typically less costly, both emotionally and financially, than hiring attorneys and battling it out in the courtroom. At Hulse Law Firm, PC, we are attorney-mediators, and we enjoy helping you and your spouse reach resolutions in a mediation setting. Given our background as family law attorneys, we can give you a unique perspective of how courts typically resolve matters–this empowers you to make decisions without leaving matters to a judge who will only meet you for a few hours before making life altering decisions on your behalf. Call 720-773-2900 to determine whether mediation is right for you.
We set up one or multiple mediation sessions based on the needs of your case, with a minimum session of two hours at a time. We generally conduct mediation at our office. If you and your spouse are unable to be in a room together, for whatever reason, we can go back and forth between two rooms to try and get matters settled.
For divorce cases, not only can we assist you in reaching parenting time and financial agreements, but we also can assist you with all the documents you need to file with the Court to get the divorce finalized.
We also help clients who have issues that come up regarding custody, parenting time arrangements, and child support matters.
Setting Up Mediation
If you and the other party know that mediation is right for you, we would be happy to work with you. Call 720-773-2900 to schedule either a consultation or to set up mediation or send us an email.
Call 720-773-2900 to Schedule a Free Consultation to learn about your options for divorce and custody mediation.
PERA and Divorce:
In Colorado, some state employees receive a PERA retirement account. For example, this is a common asset for teachers and school administrators. Part of the PERA retirement is a pension that is received on a monthly basis upon retirement. This can be a very large asset in the divorce.
It is important to get the PERA valued by an expert. The face value of the asset on the statement is typically not accurate. The value is usually 2-3 more than what the statement says the value is (though this is dependent on different circumstances).
The asset can be divided in different ways. First, it can be divided by the “time/rule formula.” This is the basic formula:
Time earning the PERA account while married
_____________________________________ X 0.5 = percentage of asset to be given to spouse
Total time earning the PERA account
Oftentimes, parties will determine this percentage, and upon retirement, the spouse will receive his or her share on a monthly basis.
We can also offset the total value of the PERA asset with another asset. So if the PERA account is worth $100,000 and there is another retirement account worth $100,000, the spouse receiving PERA would keep his account and the other spouse would keep the other retirement account. (Taxes usually would need to be evaluated when determining whether the two accounts are actually equal).
PERA accounts can be complicated to value and divide in a divorce. They, however, are usually very valuable so it is important to not give up your right to this asset without proper analysis and negotiation. If you have any questions regarding your PERA account in a divorce, please call 720-773-2900 to schedule a free consultatio
What is the Initial Status Conference?
Every divorce case and most allocation of parenting time cases have an initial status conference as part of the process. Oftentimes, the Court will provide you with the date and time of your initial status conference when you file the case.
The Initial Status Conference (often called “ISC”) is usually scheduled 30 to 40 days after the case has been filed with the court. The ISC is either held in front of a magistrate, a judge, or a family court facilitator.
The ISC is required in all cases, and gives the parties and the court a chance to know what the issues are in each case. The court will ask what has already been completed in terms of exchanging financial disclosures, preparing the sworn financial statement, and taking the parenting class. The court typically prefers that all these have been completed before the ISC, but if they have not, the court will schedule deadlines for these items to be completed.
At the ISC, a party can request that a temporary orders hearing be scheduled. This may be necessary in your case if you need immediate relief regarding maintenance, child support, or need orders to see your children.
The court usually asks at the ISC if experts are needed. Experts in a family law case would include, a child and family investigator (CFI), a PRE (parental responsibility evaluator), an appraiser for the home, a business evaluator, or a vocational evaluator. If an expert is needed, the court generally will give the parties deadlines to obtain an expert that is needed.
Sometimes emergency issues are already occurring at this stage in a case. The court tend to not enter orders at the ISC, but if a parent hasn’t seen his or her child at all, or if one party is in dire need of financial support, the court may enter interim orders to solve these immediate problems. If you are in front of a family court facilitator, he or she will not be able to enter orders in your case.
In summary, the ISC is a chance for the parties to be aware of their responsibilities going forward in a case and for the court to have a sense of what direction each case is taking. If you have any further questions regarding the court process, please call 720-773-2900 to schedule a free initial consultation.