My firm handles only non-contested divorces and other non-contested family law cases, including parenting responsibility, paternity and support matters. I have flat fee services available for divorces or other matters where the parties are in agreement (or substantially so) and the matter can be processed without the involvement of another lawyer or a contested hearing of any kind. My flat-rate fee for such cases is $1500, including all filing fees. Whether or not a case fits this category is solely within my discretion. This is a service not offered by many other lawyers in this area.

The non-contested divorce process:
After filing for divorce, you will receive an initial case management order from the Court. This informs you which division your case has been assigned to (in Larimer County, the initial assignment is always to courtroom 5D), and contains instructions about what you need to do and what you can expect to happen in your case.

An initial status conference is scheduled with a judge or family court facilitator (depending on the jurisdiction). At that conference, the person handling the conference will discuss with the parties (and attorneys, if any) what the issues are in the case, what has been agreed to, if there is a need for a hearing on temporary orders, and how the case will proceed from then on. All judges and family court facilitators try to get as many issues agreed to as possible at the initial conference. In Larimer County, in particular, the family court facilitator makes a written record of any agreements, and these agreements are “set in stone” and may not be raised further if the case goes to trial on other issues.

Also, if you have children both parents (and any others seeking parenting time), must attend a parenting class. This class will help you better understand the effects your divorce will have on your children, as well as helping you learn the special parenting skills you'll need both during and after the divorce. Approved providers vary from jurisdiction to jurisdiction, but the initial case management order usually provides a list of approved providers.

If you have not exchanged financial disclosures prior to the initial conference, you will be expected to bring important financial documentation to the conference. One of these documents will be a detailed Financial Affidavit which states your income, expenses, assets and liabilities. There is also an extensive list of disclosures that are required, such as tax returns, pay stubs, credit card bills, bank statements, etc. The point is for everyone to be honest and forthcoming - to volunteer any information rather than having someone ask for or demand it.
If there are disputed areas on which you and your spouse cannot come to agreement, an outside neutral expert (say, an appraiser, or child specialist) may be appointed. Under the current procedures, only one neutral expert per disputed issue is allowed, unless a special request is granted by the judge.

All matters must be on file for a minimum of 90 days before the court can finalize the divorce.

If the parties are able to reach an agreement between themselves, a document called a “separation agreement” is signed by both parties. If there are children involved, a “parenting plan” is also signed. Once the agreements are finalized, there are two routes that can be followed. If there are no children, or if there are children and both parties are represented by attorneys, the matter can be submitted on affidavits and a court hearing can be avoided. A Decree of Dissolution is simply signed and entered by the judge. If there are children involved, and one or both parties is unrepresented, a brief hearing on the record will have to be held before the court can issue its final decree.

Mediation:
If the parties are unable to reach an agreement between themselves, the parties must go through mediation at least 30 days prior to the hearing on permanent orders. Mediation is a process of negotiation which uses a neutral person, the mediator, to facilitate communication among the people who are involved in the conflict or dispute. The mediator establishes the ground rules for the process, assists the people involved in determining what's important to each of them and what needs they have in resolving the problem. The mediator guides the people in identifying all of the issues, prioritizing their needs and desires, and determining what type of resolution will work best for them. The mediator does not tell people how to solve their disputes but often assists them in generating their own possible solutions, some of which may be quite creative. Please note – the mediator will NOT decide your case for you. He or she is simply responsible for assisting the parties, making suggestions and generating options to aid the parties in reaching a resolution agreeable to both parties.

The parties must make a good faith commitment to settle the issues. If the mediation is court ordered, then the parties must be informed that they must comply or there will be sanctions. Both parties sign an agreement to mediate. They must be present during mediation sessions. The mediator states the ground rules, describes the process, answers questions, generates options and gives information, not advice.

One benefit of mediation is that the mediation process is private and confidential. In the agreement to mediate, the parties agree to not subpoena the mediator. Facts are disclosed to the other party, attorneys and professionals only with permission. Anything said in mediation is not admissible in court if the matter goes to trial.

Just as credentials vary, so do fees. Some mediators have a sliding scale fee. My own mediation firm, New West Mediation Services, Inc., charges $125.00 per hour for mediation. This tends to be lower than most lawyers who also serve as mediators. I have elected to charge a reduced rate for mediation services, as I would quite frankly rather help people to settle their differences rather than litigate them. PLEASE NOTE: I cannot serve both as your lawyer and as your mediator, for obvious reasons. It would be a major conflict of interest. Unfortunately, mediation does not always result in a solution to the problem. Many issues can be resolved in mediation, however, and this can substantially reduce the amount of time and cost for any remaining issues at trial. There are some instances, such as cases where there has been physical or emotional abuse which cannot be set aside, where mediation might not be appropriate.

Contact me with questions:

Please don’t hesitate to call me at (303) 772-1799 if you have any questions about either the divorce or mediation process. I have no charge for initial consultations, and I am always happy to talk to potential clients to see if I am able to help. If you feel your case will be contested, I am able to refer you to one or more highly-qualified attorneys in this area. Let us know if we can help!

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