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How much will my legal matter cost?

• Cost is a common barrier for persons in need of legal assistance and our office is committed to making access to help more attainable.   While our attorney's standard rate is $275 per hour, we do offer sliding scale services in select situations.  Each matter is evaluated on a case by case basis. The overall amount of time spent on a matter depends on the complexity of the case, whether the parties are able to negotiate a resolution, or if they must proceed to a trial.   Cases that go to trial require significantly more time than those that reach agreements.   We work closely with our clients to balance their costs while still ensuring they receive top quality assistance.  In addition,  we offer a variety of flat fee packages for uncontested divorces.   For an estimate on your personal matter, please reach out to our office today. 

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What is a retainer?

• A retainer is an upfront payment for legal services, collected  before work begins on a matter.  In Colorado, the retainer is required to be held in a special trust account and remains the property of the client until the attorney earns their fees.   Attorneys will typically provide the client with monthly statements notifying them of the work completed, the amount withdrawn from trust, and the amount of funds remaining.  At the end of a case, any moneys left in trust are refunded to the client. The amount of a retainer will depend on the complexity of the case and the anticipated amount of work.  

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What’s the difference between a contested divorce and an uncontested divorce?

• A contested divorce means that the parties disagree on one or more key matters such as child custody or division of property. If the parties cannot reach agreement, a judge will have to rule on those disputed issues. Uncontested divorce means that the parties have worked out all disputes and just need the marriage to be legally dissolved. A contested divorce typically takes longer and is more expensive. Even in an uncontested divorce, it is prudent to have an attorney draft or review your proposed divorce settlement to make sure your interests are protected.  We are here to help, which ever route you choose.

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What’s the difference between collaboration and mediation?

• In collaboration, both parties and their respective attorneys will negotiate directly to reach a conclusion. On the other hand, mediation adds a neutral third party who can facilitate the discussion. Both options offer benefits and potential drawbacks, so what works for one family might not work for your family. Our office can help you decide which method suits your case.

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I am a parent and victim of domestic violence. What steps should I take to protect myself and my children while going through divorce?

• It is important to start with immediate physical protection. If possible, leave the home and temporarily stay with someone you trust. Contact the local police to file a report about the abuse. Then, you can speak with an attorney to review your options. Protective orders can keep you and your children safe at work, school, your home and elsewhere. We can help you file for divorce in a way that prioritizes your security.

 

I can I enforce a court order from another state?

• If you or the other party has recently moved to Colorado, you might have an existing court order from a different state that still applies. However, Colorado cannot enforce the order until you take the proper steps.  The process depends on the type of out-of-state order and the urgency of the situation. Because enforcing property orders, child custody, child support and other orders between states can get complicated, it is important to set schedule your free consultation.

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What options for child custody are there in Colorado?

• In Colorado Parents may have legal custody, physical custody, a combination of both or neither of the ones. Custody is different from visitation rights. Legal custody, also called Allocation of Parental Responsibilities, gives parents the power to make decisions for the child regarding matters such as their health care, education and religious upbringing. Physical custody allows the parent to live with the child, providing food, shelter and care. It is common for one parent to be granted sole physical custody while the other parent to have visitation rights to minimize the frequency of relocating between homes for the child. If you have concerns about protecting your child or your parenting rights, contact us today.

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How is child support calculated in Colorado?

• The Colorado child support guidelines are very complicated.  Because there are so many variables attorneys and judges use a child support calculator that will take into consideration both parties incomes, the number of children, how many overnights each parent has with the children, costs of activities and insurance, and other financial obligations.  The intention is to balance the standard of living the child between the parents' homes.  Our role is to make sure the court has accurate information about all sources of income, or to advocate for a deviation from the statutory child support formula.

 

My circumstances have changed, and I need to modify a court order. Is that possible in Colorado?

• Yes. If you can demonstrate a significant change in your circumstances, the court may grant a modification to child support, child custody or visitation. This change might involve loss of a job, parental relocation or the safety of your child. Please contact us and let us know how we can help.

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What is a dependency and neglect case (D&N)?

• A dependency and neglect, or D&N, case is a civil action by the county social services department when child abuse, neglect or abandonment is reported or suspected. The court appoints a guardian ad litem (attorney) to oversee the best interests of the child. If the county’s investigation concludes that the child’s well-being is endangered, the child can be removed from the home to be placed with relatives or in foster care. We have experience in hundreds of D&N cases and are here to help

 

Am I entitled to a lawyer in a dependency and neglect case?

• Yes. You do have a right to have a lawyer present for the interview and to advocate for you in all legal proceedings.  If you meet certain income guidelines you may have an attorney appointed to you at no cost.   Because one possible outcome of a D&N case is termination of parental rights it is vital that you seek the advice of and retain counsel as soon as possible in these cases. We are ready to fight for you.

 

Are there laws in Colorado concerning grandparents’ rights?

• State and federal laws prioritize the rights of parents in most cases. However, there are situations in which grandparents may seek custody or visitation rights for a grandchild. The Children’s Code and the Uniform Dissolution of Marriage Act both play a role in shaping grandparents’ custodial opportunities. Colorado values the bond that grandchildren share with their grandparents, and we can help you take the steps toward protecting that bond.

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What types of adoption are available in Colorado?

In Colorado, there are several types of adoptions available:

• Private domestic adoption – This process uses a licensed child placement agency to place children in the custody of adoptive families. Biological parents relinquish their parental rights and the child placement agency, in coordination with a private adoption attorney (if applicable), will ensure placement of the child follows all state laws as well as any out-of-state laws (if applicable).

• International adoption – This process involves the placement of a child from another country into the home of a family in the United States. These types of adoptions are also handled by a licensed child placement agency that handles all aspects of the adoption, including securing the correct visa for the child.

• Adoption from foster care – This type of adoption allows adults who are already foster parents to adopt a child within their care or another child within the foster care system. If the foster child cannot return to one or both of his or her biological parents, and the foster parent has met all other state requirements, then adoption from foster care is possible.

 

Do I need a lawyer in order to go through the adoption process?

• To answer this question, it’s important to understand that the unique laws and processes surrounding each type of adoption can be incredibly complex. International adoptions for example require families to speak with domestic and foreign government agencies, both of which may have vastly different adoption laws. As such, it’s always considered a good idea to speak with an attorney about your plans for adoption to get a better understanding of your rights, the laws at play and the process ahead so you can make an informed decision about whether you need legal representation or not.

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What is the difference between guardianship and conservatorship?

• Guardianship refers to the person; the guardian makes decisions relating to the ward’s health and well-being. Conservatorship refers to the estate; a conservator is charged with managing the ward’s finances, business and legal affairs. The guardian and conservator can be the same person or two separate appointees. Some families hire a professional fiduciary or a trustee service as conservator.

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Do I need to designate a guardian or conservator in my will?

• You can better protect your interests by creating powers of attorney in your will. Power of attorney designates a person of your choosing to act in your stead, and can specify any or all powers to that person. Guardianship or conservatorship typically arises when there is no will or power of attorney and court intervention is urgently needed.

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We Welcome Your Questions

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The simple answer to every legal question is "it depends."  There are countless factors that go into evaluating any legal situation and answering questions about your family's needs.  To properly evaluate your situation our experienced and compassionate attorney must first consult with you directly.  To schedule a free consultation with Fletcher Law Group, LLC,  please call us at 720-297-2023 or send us an email.  Our staff is happy to schedule a time for our attorney to listen. 

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