The Law Firm of Thomas H. Terry, PC
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Frequently Asked Divorce & Custody Questions
(719) 633-0909
Want to know more before the initial consultation? FAQs…

Are you the type of client we represent?

A sampling of our divorce clientele from 2006-2016
includes business and government executives,
active-duty and retired military officers and NCOs,
engineers, insurance brokers, business owners, retail
managers, retirees, school teachers, military contractors,
stay-at-home moms, nurses, medical doctors, physician
assistants, HR specialists, information system managers,
realtors, paralegals, mechanics, office managers, 
full-time students, tax preparers, construction foremen, 
physical therapists, factory workers, salesmen, college
admission representatives, and senior financial analysts,
to name just a few. 

We are typically hired by clients referred to us because of our experience with complicated maintenance/alimony issues or complex custody situations. However, many clients come to us simply because we remain among the few skilled divorce attorneys in town willing to charge a low fee for truly uncontested cases. Whatever your family law need, chances are we have the experience and skill to help.

How will the court divide property and debt?

Under Colorado law the court must determine which property is separate (i.e., property acquired prior to the marriage, or during the marriage by gift or inheritance) and which is marital property and debt. Marital property and debt are divided in an “equitable” fashion. This means that the judge is given the authority to divide the property and debt how he or she believes is fair. This may be an equal division, or it may be some other division. As your divorce attorney, we will help the judge understand the property division you favor and the reasons your proposal should be made the court's order. There are complex laws and case holdings that provide the court direction and advice in how this should be done based upon specific circumstances. Our divorce attorney is well-qualified to assist you in the complexities of property and debt division. 

How does the court determine custody?

The simple answer is that Colorado courts are required to decide parenting issues based upon the "best interests of the child standard." The law sets out about a dozen factors for the court to consider in making its decision. Judges tend to weigh these factors differently. As your divorce attorney we can help you present your case favorably, and navigate through the maze of legal rules impacting how a judge decides custody. 

Fathers receiving 50/50 parenting schedules, or even primary care of the child, are becoming more common, but it can still be a real battle. Father’s seeking substantial parenting time, or Mother’s defending against it, are well-served to have a competent, experienced custody lawyer on their side. The consequences of a poorly constructed parenting plan can last a life-time. The financial consequences to the parties can be huge. We are experienced in assisting parties in drafting quality parenting plans.  Or, if necessary, in representing parents in high-intensity parenting conflicts played out in court.  We will fight for your children as your custody attorney.

What if I don’t want the divorce, but want to save my marriage?

As your divorce attorney, we may be able to help. Saving and restoring a marriage is the best solution, if possible. A good marriage has many benefits—financial, health, emotional, and otherwise. If you tell us that you want to try to save your marriage, we will do all that we can to assist you. We have a strict policy that no financial gain to you, or to us, is ever worth more than restoring a marriage to happiness. We are proud to have helped couples get back together and end their divorce with a renewed, lasting relationship, when that is their goal. 

However, if at least one of the parties truly wants a divorce, there will be a divorce. Most of the time, regardless of fault, the marriage has simply become irreparable. We will presume this is true, unless you tell us otherwise. In addition, there can be financial penalties for waiting too long to divorce once it appears likely the marriage will fail. For example, if maintenance is going to be paid, then the longer the marriage, the greater and longer maintenance is likely to be. Additional debts may be run up or other liabilities created. There are other examples of the dangers of staying on a sinking ship too long. As your divorce attorney we will make certain that you are fully advised of the traps and pitfalls so that you can make the best decision possible. 

How is maintenance (alimony) or child support determined?

Maintenance: If maintenance is at issue in your case, you need a divorce attorney who is highly experienced in maintenance issues. Major changes have recently taken place in Colorado maintenance laws including a new formula that takes 40 percent of the higher income less 50 percent of the lower income.  However, there may be a number of important technical exceptions and many of the specifics are yet to be worked out by the courts. It is strongly recommended that you NOT try to represent yourself if maintenance is at issue, but immediately contact a qualified divorce attorney.  The Law Firm of Thomas H. Terry, PC, is highly experienced in this issue.  

Child support is determined by a formula that takes into account factors such as each parent’s income, the number of overnights each parent has with the child per year, health insurance expense for the child, and daycare expense. In some cases other factors may apply. While this may seem straight forward, it frequently is not. Issues often arise as to not only what a party’s income is, but whether or not they are voluntarily unemployed or underemployed. There may be questions as to which part of the income should be counted (i.e., which part of overtime, if any, should be added into the formula, and what about income such as bonuses, interest, paid moving expenses, inheritances, capital gains, second jobs, social security disability, retirement distributions, and the easily manipulated income of self-employment?).  Divorce and custody attorney, Thomas H. Terry, can assist you in ensuring that child support is calculated fairly and correctly. 

I would like to try a friendly, uncontested case. Can you help me?

Chances are, we are just the divorce attorney you are looking for. Yes, we have a reputation for our work with high-intensity “mean” divorces. But we are happy to make peace instead of war. We believe that you will find our rates and policies in regard to uncontested, friendly divorces among the best anywhere in town. With our reasonable fees and quality services for uncontested cases, there is no reason you should take the risk of trying to go it alone. If you are not certain if your case will be uncontested, that is okay too. We can help you give it a try at our low cost fees for uncontested divorce. If that doesn’t work, then you can retain us as your divorce attorney for a contested case and have the advantage of us already being familiar with your situation. We will be ready to quickly jump in and fight for you.

Can I go it alone, or do I need a divorce attorney to help me?

It would be nice to find a way to save on attorney fees.  But the problem is the risk and expense of not having a skilled divorce attorney.  A poorly presented case can cost tens or even hundreds of thousands of dollars. Then there are the mistakes pro se parties make…

Every year our firm is hired by clients after their do-it-yourself divorces to try to fix the legal mess that was made. We are not just saying that because we want to be your divorce attorney. We make a lot of our fees from messed-up, do-it-yourself divorces. We speak from the experience of listening over and over again to tales of do-it-yourself disasters, for example: a $50,000.00 misunderstanding of retirement law by a person with a Ph.D. (we couldn't fix that one); a poorly worded do-it-yourself settlement agreement resulting in litigation after the divorce costing the parties over $15,000.00 (we could have worded the agreement correctly for under $1,000.00); Maintenance that lasted years beyond what was necessary costing tens of thousands; and a case where the children were alienated from their mother by father when it could have been prevented with a good divorce attorney involved. There are hundreds of examples.  

The reality is that it is a lot less expensive to get it right.

Phone us today for your FREE initial consultation (719) 633-0909.

Your success is our top priority.

Copyright 2017, Thomas H. Terry. Website for informational purposes only. Nothing herein shall be construed as legal advice. We are a Federally designated debt relief agency. We help people file for bankruptcy under the bankruptcy code. Laws and office policies are subject to change without notice.
Are you the type of client we represent?
How will the court divide property and debt?
How does the court decide custody?
What if I want to save my marriage?
How are maintenance and child support decided?
Can you help with an uncontested case?
Do I need an attorney?

Payment option include discounts for clients who pay higher retainers, monthly payment plan options, and low flat fees for uncontested cases.

For your FREE initial consultation phone (719) 633-0909 today.