Colorado Family Law Laws

Moller Law Group Philosophy | Colorado Springs Family Law

William Moller

 

Hi. My name is Bill Moller. I’m the owner of The Moller Law Group. And I just want to take a moment to talk to you about what our firm believes in. I’m an avid backpacker. On a sunny day, if I can get out of here, I’ll be up in the mountains hiking, usually with my dog Hover. Sometimes I take even more extended trips up in the high country.

One of the things that I always take with me is a compass. The reason I take a compass is so I can get back to where I begun. I’m kind of old school. I don’t use a GPS. But our motto here at the Moller Law Group, is to help you map a route through life’s journey. Now that may sound like a silly slogan. But it’s what we really believe.

Sometimes you have problems that you just need an attorney for. And so if you come to see us, we’re going to help you find a way through your difficulty – to the clear fields beyond. And if we can do that for you, give us a call. Thanks.

By: William Moller

Hi. My name is Bill Moller. I’m the owner of The Moller Law Group. And I just want to take a moment to talk to you about what our firm believes in. I’m an avid backpacker. On a sunny day, if I can get out of here, I’ll be up in the mountains hiking, usually with my dog Hover. Sometimes I take even more extended trips up in the high country.

One of the things that I always take with me is a compass. The reason I take a compass is so I can get back to where I begun. I’m kind of old school. I don’t use a GPS. But our motto here at the Moller Law Group, is to help you map a route through life’s journey. Now that may sound like a silly slogan. But it’s what we really believe.

Sometimes you have problems that you just need an attorney for. And so if you come to see us, we’re going to help you find a way through your difficulty – to the clear fields beyond. And if we can do that for you, give us a call. Thanks.

By: William Moller

Effective Mediation Tips | Denver Family Law

Scott Goldman

 

Mediation in the State of Colorado, whether it’s for a divorce case or a child custody case is ordered by the courts, nine times out of ten. And mediation is an alternative way for the parties to resolve their case. Being in full control of that agreement and not risking whether or not a judge or magistrate would go against what you ultimately think should happen.

Mediation can be effective, but it’s only as effective as you allow it to be. And so if you’re not in mediation with realistic expectations about your case. And with the mindset that you want to settle your case, then mediation frankly will not be effective. In order for mediation to be effective, also, both parties need to want to settle the case, and want to make realistic decisions about the outcome of the case that they would also get– that they would also be likely to get in a court setting as well.

If you go in to mediation, thinking that you’re going to get $10,000 worth of alimony a month, and the facts only support of $2,000 alimony rate. Or if you think you’re going to go into mediation and get full custody when the facts support a different custody outcome. Then those are the expectations I’m talking about, that would make mediation ineffective. So it’s very important to listen to your lawyer and make decisions about a realistic outcome so that mediation can be effective. And so you can settle your case with a better piece of mind.

By: Scott Goldman

Mediation in the State of Colorado, whether it’s for a divorce case or a child custody case is ordered by the courts, nine times out of ten. And mediation is an alternative way for the parties to resolve their case. Being in full control of that agreement and not risking whether or not a judge or magistrate would go against what you ultimately think should happen.

Mediation can be effective, but it’s only as effective as you allow it to be. And so if you’re not in mediation with realistic expectations about your case. And with the mindset that you want to settle your case, then mediation frankly will not be effective. In order for mediation to be effective, also, both parties need to want to settle the case, and want to make realistic decisions about the outcome of the case that they would also get– that they would also be likely to get in a court setting as well.

If you go in to mediation, thinking that you’re going to get $10,000 worth of alimony a month, and the facts only support of $2,000 alimony rate. Or if you think you’re going to go into mediation and get full custody when the facts support a different custody outcome. Then those are the expectations I’m talking about, that would make mediation ineffective. So it’s very important to listen to your lawyer and make decisions about a realistic outcome so that mediation can be effective. And so you can settle your case with a better piece of mind.

By: Scott Goldman

William Moller's Legal Help | Colorado Springs Family Law

William Moller

 

Hi. My name is Bill Moller and I love to backpack. Before I start any trip, however, I research about the area in which I’ll be walking. I turn to other, more experienced people, who know the area, to help me map my route.

Life can be the same way, often we are confronted with unknown territory and need someone more experienced to help us know which way to go. If you are confronted with divorce, bankruptcy, the death of a loved one, or starting a new business, or need to plan for your future, I can help.

My name is Bill Moller, and I’m an attorney in Colorado. I am here to help provide you the information you need and walk beside you through some possibly difficult paths that may come your way. Please feel free to call me at (719) 687-2328, and I can help you map a route for your journey through the legal maze.

By: William Moller

Hi. My name is Bill Moller and I love to backpack. Before I start any trip, however, I research about the area in which I’ll be walking. I turn to other, more experienced people, who know the area, to help me map my route.

Life can be the same way, often we are confronted with unknown territory and need someone more experienced to help us know which way to go. If you are confronted with divorce, bankruptcy, the death of a loved one, or starting a new business, or need to plan for your future, I can help.

My name is Bill Moller, and I’m an attorney in Colorado. I am here to help provide you the information you need and walk beside you through some possibly difficult paths that may come your way. Please feel free to call me at (719) 687-2328, and I can help you map a route for your journey through the legal maze.

By: William Moller

Divorce Case Length & Cost | Denver Family Law

Scott Goldman

 

One of the most difficult questions to answer for anybody is how much does a divorce cost, and then how long does it take? In the State of Colorado, there’s tons of different factors that go into a divorce. And a lot of the issue with cost is where are we going to settle and where are we going to fight? What we can never control is the fight that the other side is going to bring up. And we also can’t force the other side to settle. And if they’re not going to settle, and we have to introduce other factors into the divorce, that necessarily drives the cost up.

From that standpoint, it’s very difficult to tell somebody what their divorce will cost. As far as how long it takes, in the State of Colorado, earliest that somebody can be divorced or that two parties can be divorced is the 91st day after the respondent is served with the paperwork. Or the 91st day after both parties file together. The issue though is that courts are constantly backed up with litigants going into court and fighting about custody and things like that. Depending on the jurisdiction you’re in, your divorce could take a year and a half. It could take eight months. Count on the case taking longer than the 91st day when there are genuine fights about anything within your case.

By: Scott Goldman

One of the most difficult questions to answer for anybody is how much does a divorce cost, and then how long does it take? In the State of Colorado, there’s tons of different factors that go into a divorce. And a lot of the issue with cost is where are we going to settle and where are we going to fight? What we can never control is the fight that the other side is going to bring up. And we also can’t force the other side to settle. And if they’re not going to settle, and we have to introduce other factors into the divorce, that necessarily drives the cost up.

From that standpoint, it’s very difficult to tell somebody what their divorce will cost. As far as how long it takes, in the State of Colorado, earliest that somebody can be divorced or that two parties can be divorced is the 91st day after the respondent is served with the paperwork. Or the 91st day after both parties file together. The issue though is that courts are constantly backed up with litigants going into court and fighting about custody and things like that. Depending on the jurisdiction you’re in, your divorce could take a year and a half. It could take eight months. Count on the case taking longer than the 91st day when there are genuine fights about anything within your case.

By: Scott Goldman

Divorce Decree | Colorado

Leslie Matthews

 

When you get divorced, you have a number of pieces of paper that need to be sent in to the court. A divorce decree is all of that final paperwork put together that’s made an order of the court. So, that final paperwork would include your parenting plan, it would include your separation agreement, it would include any other orders of the court, and that package, all put together, is your divorce decree.

Now what you can do once you have your divorce decree is you can enforce it, so it becomes as I said an order of the court, meaning that if somebody doesn’t do what they’re supposed to do based on that paperwork, you can go to the court with a contempt motion or an order to enforce and it actually is a court order. So when you’re at the end of the divorce you have a divorce decree, you have your legal rights essentially handled.

By: Leslie Matthews

When you get divorced, you have a number of pieces of paper that need to be sent in to the court. A divorce decree is all of that final paperwork put together that’s made an order of the court. So, that final paperwork would include your parenting plan, it would include your separation agreement, it would include any other orders of the court, and that package, all put together, is your divorce decree.

Now what you can do once you have your divorce decree is you can enforce it, so it becomes as I said an order of the court, meaning that if somebody doesn’t do what they’re supposed to do based on that paperwork, you can go to the court with a contempt motion or an order to enforce and it actually is a court order. So when you’re at the end of the divorce you have a divorce decree, you have your legal rights essentially handled.

By: Leslie Matthews

How Does an Affair Effect My Divorce | Denver Family Law

Scott Goldman

 

In the State of Colorado, an affair really doesn’t have an affect on alimony. Or the fancy term that we use in the law is maintenance. Colorado is a no-fault state so the judge or magistrate is not really looking to whether or not somebody had an affair to determine how maintenance will be determined.

And as a matter of fact, these issues need to be determined without any reference to fault. So the affair doesn’t play a role in that. In child custody, you could have some influence on that issue. If you have a parent that has had an affair and now has brought that other person around the children. And that person starts to act as though they’re parent to the child or children, that can have an affect on how child custody is determined at the end of the day. But overall, the mere fact that somebody had an affair, generally doesn’t play a role in how custody is determined.

By: Scott Goldman

In the State of Colorado, an affair really doesn’t have an affect on alimony. Or the fancy term that we use in the law is maintenance. Colorado is a no-fault state so the judge or magistrate is not really looking to whether or not somebody had an affair to determine how maintenance will be determined.

And as a matter of fact, these issues need to be determined without any reference to fault. So the affair doesn’t play a role in that. In child custody, you could have some influence on that issue. If you have a parent that has had an affair and now has brought that other person around the children. And that person starts to act as though they’re parent to the child or children, that can have an affect on how child custody is determined at the end of the day. But overall, the mere fact that somebody had an affair, generally doesn’t play a role in how custody is determined.

By: Scott Goldman

The Mediation Process | Colorado

Ray Chamberland

 

In El Paso County following a temporary orders hearing, and before you can have a permanent orders hearing, you’re required to have mediation. We do have an Office of Dispute Resolution who provides mediation services for the county, and you’re entitled to use them for your mediation, or you can hire a private mediator. If you have an attorney it will be their decision as to whether or not you use private mediation or you use the county folks.

A mediator is a paid individual, typically an attorney who’s very familiar, in our case with family law, and they would try to assist you. If you’re using an Office of Dispute Resolution for example, they have a two-hour mediation where you each pay a fixed fee for the two hours, and you and your attorney would be in one room, the other party and their attorney if they have one, would be in the other room and the mediator would sort of do shuttle diplomacy going back and forth between the two, trying to resolve any remaining case issues that have not been settled so far.

If you can reach a mediation, a mediated agreement, you can write it up, file it with the court and you may not even have to go to court after that for a final orders hearing. So mediation can be a powerful tool to help you resolve remaining issues in divorce cases.

By: Ray Chamberland

In El Paso County following a temporary orders hearing, and before you can have a permanent orders hearing, you’re required to have mediation. We do have an Office of Dispute Resolution who provides mediation services for the county, and you’re entitled to use them for your mediation, or you can hire a private mediator. If you have an attorney it will be their decision as to whether or not you use private mediation or you use the county folks.

A mediator is a paid individual, typically an attorney who’s very familiar, in our case with family law, and they would try to assist you. If you’re using an Office of Dispute Resolution for example, they have a two-hour mediation where you each pay a fixed fee for the two hours, and you and your attorney would be in one room, the other party and their attorney if they have one, would be in the other room and the mediator would sort of do shuttle diplomacy going back and forth between the two, trying to resolve any remaining case issues that have not been settled so far.

If you can reach a mediation, a mediated agreement, you can write it up, file it with the court and you may not even have to go to court after that for a final orders hearing. So mediation can be a powerful tool to help you resolve remaining issues in divorce cases.

By: Ray Chamberland

Calculating Child Support | Colorado Child Support Laws

Ray Chamberland

 

Child support is often one of the biggest issues in a divorce. Child support is determined after there is an initial determination of whether or not there should be maintenance, because maintenance becomes income to the party receiving child support and it actually reduces the income of the party paying child support. Then there is a statutory calculation made for child support when there is things that you plug into the calculation, like is one of the parties paying health insurance? Is one of the parties paying daycare, either because they’re going to school or because they’re working? And those things all factor into the child support amount.

Child support can sometimes be calculated by individuals on their own without the help of an attorney, but if you have daycare issues or you have one of the parties going to school, or you have one of the parties paying medical, typically you’d be better off with an attorney assisting you. And we work very hard when we’re helping with people to make sure that that child support calculation is done correctly.

By: Ray Chamberland

Child support is often one of the biggest issues in a divorce. Child support is determined after there is an initial determination of whether or not there should be maintenance, because maintenance becomes income to the party receiving child support and it actually reduces the income of the party paying child support. Then there is a statutory calculation made for child support when there is things that you plug into the calculation, like is one of the parties paying health insurance? Is one of the parties paying daycare, either because they’re going to school or because they’re working? And those things all factor into the child support amount.

Child support can sometimes be calculated by individuals on their own without the help of an attorney, but if you have daycare issues or you have one of the parties going to school, or you have one of the parties paying medical, typically you’d be better off with an attorney assisting you. And we work very hard when we’re helping with people to make sure that that child support calculation is done correctly.

By: Ray Chamberland

How Filing for Divorce Can Effect Your Mediation | Denver Family Law

Scott Goldman

 

Some people ask us whether or not you need to file for divorce before going to mediation. The truth of the matter is that you’re actually better off filing for divorce before you go to mediation even though there is no requirement that you do so.

Once you file for the divorce, there’s a whole bunch of requirements that are put in place in terms of exchanging financial documents so you should know exactly what it is you’re settling on. If that’s the goal of mediation, to settle on your case, then you need to be fully informed of the issues before you. You may not otherwise have the proper documentation before filing for divorce because there’s nothing in place that requires the other party to make disclosures to you about what you are trying to mediate.

While you don’t need to mediate prior to filing for divorce, it’s a good idea that you file for divorce and then go to mediation so you can ensure that you’re given the proper documentation and education on what it is you’re trying to settle.

By: Scott Goldman

Some people ask us whether or not you need to file for divorce before going to mediation. The truth of the matter is that you’re actually better off filing for divorce before you go to mediation even though there is no requirement that you do so.

Once you file for the divorce, there’s a whole bunch of requirements that are put in place in terms of exchanging financial documents so you should know exactly what it is you’re settling on. If that’s the goal of mediation, to settle on your case, then you need to be fully informed of the issues before you. You may not otherwise have the proper documentation before filing for divorce because there’s nothing in place that requires the other party to make disclosures to you about what you are trying to mediate.

While you don’t need to mediate prior to filing for divorce, it’s a good idea that you file for divorce and then go to mediation so you can ensure that you’re given the proper documentation and education on what it is you’re trying to settle.

By: Scott Goldman

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