Divorce is never easy. A divorce can be one of the most difficult times in your life and is usually a highly emotional process accompanied by intense feelings of anger, grief, regret, and despair. To make matters worse, married persons in Colorado are required to make many important, often life-changing decisions about their children, their property and their future, while under tremendous mental and emotional strain resulting from the end of their marriage.
The good news is that you don’t have to go through a divorce alone. Boal Law Firm and Attorney Brian Boal are here to help and will aggressively advocate for your rights as a husband, wife, mother, or father, at all stages of the divorce/legal separation proceedings, including filing or responding to divorce papers/petition, financial documents and disclosures, mandatory mediation, temporary and final orders, in an effort to negotiate the best possible settlement for you and your family as to child support, parenting time/custody/visitation, parental decision making, division of the marital estate/property including the family home and other assets, retirement, and debt, as well as alimony/maintenance.
Boal Law Firm represents divorce and domestic relations clients up and down the Front Range including all parts of El Paso and Teller Counties, Pueblo and Canyon City, Douglas County, Arapahoe County, Jefferson County, Denver and Boulder.
FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE IN COLORADO
Can I get divorced without an attorney?: Yes, you can get divorced without an attorney in Colorado. If you believe that your divorce will be amicable, or that you possess the requisite specialized knowledge and background to represent yourself in divorce proceedings, then self-representation is right may be right for you. If so, you should check out the self-help forms provided by the Colorado Supreme Court:http://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Domestic.
BUT BE WARNED. The divorce process is rarely simple and straightforward. Unfortunately, what often starts out as a so-called “amicable” divorce all too often ends up dissolving into highly-contested court proceedings to divide and distribute the things that are most important. Divorce is often complicated by issues surrounding children, property, and spousal support, and getting divorced without an attorney becomes even more risky when your spouse hires an attorney of their own.
Will My Spouse’s Attorney Represent Both Of Us In The Divorce?: No, your spouse’s attorney does not and will not represent both of you. This is one of the most common and potentially-dangerous misconceptions about the divorce process. While it is true that your spouse’s attorney may contact you, file paperwork, and appear in court at your divorce proceedings, your spouse’s attorney is representing your spouse, not you, and the job of your spouse’s attorney is to get the best possible settlement and outcome for their client, your spouse, not for you. In this case your spouse’s attorney has no duty or ethical obligation to reach a settlement that is favorable or fair to you, or help you get the settlement that you deserve.
Can I Go Back and Fix My Divorce Using An Attorney If I Need To?: The answer is almost always “No”. Except in rare cases involving some type of provable fraud, a divorce court will not “undo” or “fix” a divorce settlement or custody arrangement because an unrepresented spouse did not understand the proceedings, made a mistake, changed their mind, or did not get a fair settlement. Be aware that in these cases, the fallout and damage from the botched divorce is usually permanent or unfixable or otherwise ends up being extremely costly and far more expensive to fix than hiring an attorney to do your divorce right in the first place.
BEST INTERESTS OF THE CHILD
How does the court decide what is in your children’s best interests? Will you get shared 50/50 parenting time or something less? What does supervised parenting time mean?
In Colorado parental rights and responsibilities, which include parenting time, custody, and decision making, are determined by judges in accordance with the best interests of the child standard. Because the law requires judges consider so many different factors, and because every family situation is different, there is no simple answer to these questions. Rather, courts make these determinations on a case-by-case basis, making it all the more important for you to have experienced, informed legal representation when litigating divorces and domestic relations cases involving children and your parenting rights.
If you are like most people, your children are the most important part of your life, and far and away more valuable than any house, bank account, or property you own. So if you have divorce or post-divorce case involving children, why put anything less than your best foot forward? Call Boal Law Firm to schedule your initial consultation today.
Colorado divorces present a set of additional of issues for the military families of southern Colorado stationed at Fort Carson, Peterson Air Force Base and Schriever Air Force Base, The United States Air Force Academy, and elsewhere. For example, it is common for married and divorced soldiers to PCS/transfer their permanent duty station out-of-state or even overseas. What are a father’s rights when this happens? What about the rights of a mother and children?
Boal Law Firm has the family law experience to help you deal with these issues by shedding light on the uncertainty surrounding your divorce, and through zealous advocacy targeted at achieving the most successful and best possible outcome for you. Attorney Brian Boal has experience representing soldiers and their spouses in the divorce process as well as post-divorce litigation, and has knowledge and experience at handling these and other matters which are routinely part of a military divorce, including the division of military retired pay and, in some cases, disability, as well as spousal benefit plan protection for the spouses of active duty military and veterans.
The divorce is over when the court enters a decree of dissolution of marriage. This typically occurs when the final orders are issued by the judge or the parties’ reach an agreement or settlement which is approved by the judge and made an order of the court, and includes a separation agreement signed by each spouse dividing their marital property, and, for couples with children, a parenting plan establishing the amount and type of parenting time for each parent, the parent’s child support obligation to their children, decision making responsibilities, and various other considerations on a case by case basis.
Once divorced, each spouse is required by law to comply with the terms and conditions of the separation agreement, parenting plan, and orders of the court. However, actually doing so frequently becomes a disputed post-divorce issue for which legal representation may be needed. Jobs and incomes can change, ex-spouses/parents re-marry, and families move. These any many other impact your ability to comply with the divorce agreement and whether you ex-spouse does the same. Unfortunately, once divorced, many ex-spouses decide they are not going to abide the terms and conditions they agreed upon, or follow what the court has ordered them to do. Moreover, an ex-spouse’s criminal activity, abuse and neglect, and/or alcohol and drug dependency can endanger your children during while in his or her care.
When these post-decree issues arise, Boal Law Firm is here to represent you in every area of post-divorce litigation. Brian Boal has the experience you can depend on to aggressively litigate motions to modify/enforce parenting time, child support, and decision making, as well as motions to modify or terminate alimony/maintenance. He has aggressively litigated and defended against emergency motions to restrict parenting time, motions to relocate minor children out of state and motions for punitive/remedial contempt/contempt citations for the violation of court orders.
DOMESTIC VIOLENCE & DIVORCE
For the victims in an abusive marriage, a divorce can be a frightening prospect triggering added safety concerns for yourself and your children. Fortunately there is help available. If you are one of these women living in the Pikes Peak Region, Boal Law Firm strongly urges you to first contact TESSA of Colorado Springs at 719-633-3819 or visit TESSA online at www.tessacs.org.
Boal Law Firm has the experience and knowledge to help you protect yourself through the court system. As both a prosecutor and as civil attorney, Brian Boal has litigated countless cases involving temporary and permanent protection orders/restraining orders, and will aggressively represent you in all proceedings related to these matters.
Conversely, if you are a husband or father whose spouse or significant other has obtained a protective or restraining order against you in bad faith or an improper purpose such as to gain an upper hand in divorce proceedings, Boal Law Firm is here to defend you in the restraining order proceedings and effectively present your side of the case.
So, out of all the divorce lawyers in Colorado Springs, we hope you will see the value in chosing Boal Law Firm, PC. to represent you with the best legal representation in your divorce case.