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1. Planning to litigate your family law case. Especially for the purpose of retaliation. This includes hiring an attorney who represents that a court trial is the best way to resolve your case. Often such an attorney takes a very high retainer and suggests that a one-sided result in your favor is likely the final result. Litigation comes at a very high legal fee cost, high emotional cost for the entire family, damaged family relationships, and high emotional cost. Use litigation only as a last resort (but be prepared to litigate in case you have to.) 2. Believing that the court will order the other party to pay your attorney fees. Although Colorado law does provide that the judge may order the other party to pay a portion of your attorney fees, this is not the usual case. In almost all cases, each party will pay their own attorney fees. Part of the reason for this is that the litigation will drag on and on, if one of the parties is getting the other party to pay their attorney fees. Don’t fall for the marketing pitch - that the other side will pay your attorney fees. That seldom occurs. 3. Leaving the family home too early, prior to the final decree. A court order for support (maintenance and child support) could closely follow your leaving the family home. If you leave the family home too early, you may be ordered to pay $1,000 - $5,000/mo. support. 4. Failing to properly determine income for child support and maintenance calculation purposes. Income includes items such as interest, dividends, trust distributions, and business operations. (But not part-time income or employment in addition to a 40 hour per week income.) Income may also be imputed (increased) for underemployed/unemployed. 5. Failing to financially plan for 2 separate households as well as the payment of existing debt. In many divorce cases, one of the reasons for the separation is financial insolvency. You should recognize that you may have to take some difficult steps to survive financially as a separate household. 6. Hiding money, property, or income. You will not be able to hide any assets or income. Colorado law provides for specific disclosures and documentation to be made to the other party. Often one who hides information ends up paying attorney fees to the other party. 7. Remaining liable for debt to be paid by the other party and failing to understand that you may be giving up the benefits of a future bankruptcy as to the payment or elimination of marital debt. Don’t let the other’s failure to pay debts ruin your credit. A 2005 change in the law now prevents the Chapter 7 discharge of debt which has been the subject of a divorce court order. Don’t give up any rights you now have to eliminate debt so that you can get back on your feet.
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