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D

dec

Guest
Why, in any no fault divorce states, Colorado specifically, do the parties in a divorce really need a lawyer? If everything is 50/50 (debts and assets), and visitation is granted regardless, what is the point of paying out thousands of dollars for what could be done without one? My soon to be ex was jailed for domestic abuse against me, but a lawyer (during a free consultation) said none of that matters - I've lived with abuse for 14 years, but it's useless info in the eyes of the law. We are up to debt in our eyeballs, our kids want to see their dad even though I would rather they didn't, etc., etc. So - bottom line is:we split the debts, he can have visitation - am I missing something?
 


D

dec

Guest
Thanks, but I was hoping for a little bit more (or a LOT more) specific answer. Maybe IIAL could help? Law has nothing to do with opinions.
 
T

Tigres

Guest
I had a free consult with an attorney this year. (I also had a few more!) I asked the attorney about several things including increasing child support (ex went from piddly to mucho grande income wise) and adapting visitation (for many reasons). The lawyer basically told me to wait and see what he did and there was nothing that could be done right now. He implied that I should simply do nothing.

This was far from true and eventually I found a lawyer that was both willing to discuss what should/could be done and willing to tell me when an idea was harebrained.

I do not know if Colorado takes domestic violence into consideration, I think some states do and some don't. However, you would need to prove it. You do have police records, so that is a bonus.

Debts may not need to be split 50/50. After all, if you make far less than he does, a judge is unlikely to give you so much debt that you have to declare bankruptcy.

There are other reasons to see an attorney. For instance, you split the debts up (in some manner) and then he declares bankruptcy. Suddenly, you are responsible for his debts! If you had a good attorney, he/she would have recommended putting a section in your divorce papers that restrained him from including marital debts in the bankruptcy.

Perhaps visitation is granted every other weekend. 1 month in the summer. evey other holiday,etc. Oops! He doesn't see the kids for 8 months and then calls thursday night saying, I want my month visit, have them ready at 6 pm tomorrow. (Who knows, he may even sound drunk, make threats, give you lots of verbal abuse?) Would be nice if you had written in there that he had to inform you x amount of days in advance, in writing, that he intended to excercise his visitation.

Just a few thoughts. Sometimes it is a matter of terminology! I have in my divorce papers liberal visitation. I thought that referred to the actual schedule we set up. No, it implies that he can see her whenever I can't think of a good reason not to allow it! Not that it has been a problem for me. I allow visits whenever physically possible and nearly all of my ex's visits have been outside the schedule anyway.

Your attorney is there to advise you, be your advocate and generally make sure you don't screw up your life by one wrong word! :)

Of course, if your attorney is not doing anything above properly, fire him/her and get yourself a better one.

Tig



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I am not a lawyer. Any information relayed is merely my own experience or research.
In Egypt, Cats were once worshipped as gods. Cats have never forgotten this.

"PRINCESS, HAVING HAD SUFFICIENT EXPERIENCE WITH PRINCES,SEEKS FROG."
 
D

dec

Guest
Tigres-
Thank you very much for your input - you have convinced me that I should get a lawyer.
 
T

Tigres

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

It's nice to see that some of the legal concepts are rubbing off . . . "make sure that you put a clause in your Settlement Agreement that Marital Debts shall not be included in any personal bankruptcy".

IAAL

<HR></BLOCKQUOTE>

You must know that I hold your advice to be virtually sacred! ;)

I think this is of particular importance if your spouse has been financially irresponsible in the past. (ie your up to your eyeballs in debt!) Why allow him/her to drag you along on their path of financial self destruction?

Tig

 

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