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A GUIDE TO DIVORCE © DISCLAIMER These materials have been prepared for informational purposes only and are not legal advice. This information is not intended.

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Presentation on theme: "A GUIDE TO DIVORCE © DISCLAIMER These materials have been prepared for informational purposes only and are not legal advice. This information is not intended."— Presentation transcript:

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2 A GUIDE TO DIVORCE © DISCLAIMER These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Kelly|Garnsey|Hubbell + Lass LLC

3 CONTENTS Introduction Getting Started Temporary Restraining Order Temporary Orders Children & Divorce Parenting Child Support Property & Debts Spousal Maintenance Separation Agreements/ Permanent Orders Mediation Settlement Contested Hearings Your Lawyers Role Things You Can Do Forms Place the cursor over any subject for more information Click on Next to view the entire show OR click on any topic to go to that page ESC will end the show at any time

4 INTRODUCTION Divorce is an Economic Process And An Emotional Transition

5 Financial Affidavit GETTING STARTED Petition Petitioner Respondent Summons Waiver & Acceptance of Service If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker Must be Colorado resident at least 90 days prior to filing Response – filing fee $99 – filing fee $45 Filing Fees Current as of 12/02

6 TEMPORARY RESTRAINING ORDER Automatic Injunction takes effect as soon as: Respondent accepts service or is served Both parties restrained from transferring encumbering concealin g disposing of marital property w/o consent If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

7 TEMPORARY ORDERS Court determines Temporary Orders 90 days must pass before decree granted Temporary Orders govern while case pending Parties Agree on Temporary Orders If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker OR

8 CHILDREN & DIVORCE Parenting Seminar Affect on Children Adversarial? Cooperative? Temporary Restraining Order If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

9 PARENTING Decision Making Responsibility Who makes major decisions? Medical Care Education Spiritual Upbringing Continued on next page If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker General Welfare Parenting Time

10 PARENTING Continued Allocation Based on Childs Best Interests Parenting Time Schedule of when the children will reside with OR spend time with the other parent Specific Schedule Usually Spelled Out If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

11 CHILD SUPPORT Child Support Guidelines Gross Income Number of Children Amount of Time Spent With Each Parent Support of Children & Spouses From Other Marriages Day Care Costs Extraordinary Expenses Maintenance Medical Insurance Private School and Therapy If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

12 PROPERTY AND DEBTS Equitable Distribution Principle Separate Property Owned Prior to Marriage Received by Gift or Inheritance Appreciation is marital Marital Property Acquired During the Marriage Title Does Not Determine Divorce Division

13 SPOUSAL MAINTENANCE (Alimony) Sufficient Property to Provide For Needs? Able to Support Him/Herself Through Employment? Reasonable Expectations During Marriage? Financial Resources? Time Needed to Find Employment? Continued on next page Maintenance will be considered if the property division leaves a spouse unable to support him/herself If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

14 SPOUSAL MAINTENANCE Continued Standard of Living During Marriage? Length of Marriage? Age, Physical & Emotional Condition? Ability of Other Spouse to Pay? If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

15 SEPARATION AGREEMENTS PERMANENT ORDERS Separation Agreement Both Resolve All Issues In the Divorce Parties Reach Agreement Permanent Orders Hearing Parties Do Not Reach Agreement Generally Dont Appear in Court If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker OR Appear in Court

16 MEDIATION Agreement Put in Writing & Presented to Court Mediator Doesnt Represent Either Party Impartial Third Party Facilitator Assists Parties in Negotiating an Agreement If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

17 SETTLEMENT Vast Majority of Issues Settle Outside Court - Both Parties Have Attorneys Settlement is Generally Preferable - Expensive - Educating the Judge - Litigation Exacerbates Situation No Need for Court Appearance if: - No Children If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

18 CONTESTED HEARINGS Only Unresolved Issues Go To Trial No Jury Both Parties Put on Evidence Testimony of Parties or Other Witnesses Judge Evaluates the Evidence Issues a Ruling or Order If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

19 YOUR LAWYERS ROLE Should be Sensitive to Clients Emotions Fair Advocate Knowledge of the Law Ability to Negotiate Effectively Finds Out What Client Wants And Why If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

20 THINGS YOU CAN DO Gather Financial Information Prepare Financial Affidavit List & Attempt to Value Property Consider Counseling Take Care of Yourself If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker

21 FORMS Purchase forms from Clerks Office Divorce With Children Instructions & Forms Clerks cannot fill out forms NOR Give you legal advice Colorado Judicial Branch If the sound doesnt automatically play OR if you wish to hear it again, click on the speaker Pro se – you have no attorney

22 PowerPoint Presentation Designed by Carol J. Ulibarri, Paralegal


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