Family Law FAQ
At Peek Family Law, LLC, we receive a lot of questions regarding divorce
and other family law issues every day, and many of them come up fairly
frequently. Family law can be a confusing and intimidating topic, and
many people wish to get the answers to their most pressing questions straight
away. Let’s take a look at some of the most common questions we
receive and give some quick answers to them.
How long will my divorce take?
There is no straightforward answer to this question, as it depends entirely
on how complex your case is. A fairly young couple with few assets and
no children will have a much easier time completing their divorce agreement
than a couple who has been married for 40 years, has children, and a considerable
amount of property to their name. It also depends on how willing the spouses
are to work with each other and come to a mutual agreement. Requesting
a consultation with an attorney can help you get a better timeframe of
your exact case.
What is “marital property?”
Marital property is a term used in the property division process, and
it refers to any property or debts acquired during the course of a marriage.
Colorado law calls for all marital property to be divided “equitably”
during a divorce, which does not always mean a “down-the-middle”
split. Property that was brought into a marriage may be exempt from this
division process, as well as some other property like gifts or inheritances.
Speak with a lawyer to learn more about what is and is not considered
marital property in your case.
How much will my divorce cost?
The cost of a divorce can vary greatly depending on the amount of time
it takes to complete a divorce, the number of courtroom visits that are
required, and many other factors. Many people are afraid of the attorney
and court fees that are associated with a divorce, but it’s important
to know that the benefits of retaining quality representation throughout
your divorce case far outweigh the financial costs. Additionally, you
may be able to have your costs covered by the other party, depending on
how your case goes.
Will I have to pay alimony?
Whether or not you have to pay
alimony depends entirely on how you and your ex stand financially as individuals.
When you file for divorce, you and your ex will need to submit evidence,
including bank statements, tax returns, paycheck records, and more to
the court, which will then determine if spousal maintenance is necessary
based on a number of factors. The court does use a computer to determine
the “presumed” number, but you may also request alimony or
have an exception made if necessary.
Does my divorce have to go to court?
Many people think of divorce as a long and arduous series of courtroom
battles over everything from
child custody to spousal support to possession of the family living room sofa. While
some cases can certainly become this complex and litigious, it does not
have to. Your divorce will have to be finalized before a judge, but options
exist, including mediation and uncontested divorce, that allow you to
minimize your court visits and the associated costs by negotiating the
terms with your spouse on your own. An attorney can help you determine
if these options are right for you and your family.
To speak with a qualified and experienced attorney about these or any other
Peek Family Law, LLC today. Attorney Sean Peek understands the importance of reputable counsel
throughout your case, and strives to provide uniquely-tailored legal advice
that places your best interest at the forefront of all his decisions.
To schedule your initial consultation, call Peek Family Law, LLC today