Asked in Divorce for Colorado

Q: What are my options, no money, no job Husband owns buisness. Married 16 years two kids what to do??

Less then 3 months has girlfreind claims he is in love. Cheated, drugs alcohol how can I get an attorney ?

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Colorado allows a spouses (or ex spouses) who have a significant income disparity to request the higher income party to pay all legal and court costs (this includes paying for both attorneys). This can be requested on the petition, but only a judge in either permanent or temporary order(s) can require payment of the legal fees. There is a certain risk that the request will fail (usually if the higher income individual is not significantly better off than the lower income spouse). Due to this risk many attorneys will not take a case without a minimum down payment. Those that do take clients without any fees will tend to charge significantly higher bills (that are due when property is transferred after the final decree). Shop around to see who gives the best offer.

Another option is to seek a non-contested divorce with a single mediating attorney (this is cheaper, but neither party has an advocate). This requires a certain decree of civility between booth parties (i.e. can you reach an agreement in the same room?). The main advantage of this approach is a significant reduction in costs (thousands of dollars).

Lastly, you local bar should have a list of attorneys that will take lower income clients (note: this is not pro bono, just reduced cost). Colorado also has various free to low cost legal aid (here is the link to the two most heavily used: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html ). Be aware that CLS and MVL have many more requests than they have lawyers, so you may not be placed with a lawyer.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: You might look into filing for divorce on your own. There are forms you can obtain on line from the state judicial branch website. Unfortunately, there is no legal right to have an attorney in a divorce case. You might try Colorado Legal Services or some other pro-bono organization to see if they can help. Again, if you have internet access and a printer you can get forms on line to file. If no $, the court can also waive the filing fee. Once the case is filed and he is served, you can look at temporary and long terms spousal support, as well as child support and division of property.

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