Frequently Asked Questions About Personal Injury and Family Law
Why would I need a lawyer for a car accident claim? How do I go about modifying my child custody arrangement? Do I need to set up a trust, or is a simple will all I need? We answer questions like these and many more in our collection of Frequently Asked Questions.
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What is a retainer?
A retainer is like a security deposit you pay your lawyer. It is a sum of money that insures the lawyer will work on your case. The lawyer is not allowed to withdraw money from the retainer until he or she earns and completes work on your case. Here at Springs Law Group, we withdraw from the retainer at the end of the month for the work we have done on your case. We also have a replenishing retainer. What that means is, once we withdraw from your retainer, we ask you to replenish it to the original balance. Think of it as filling up your gas tank before you hit the empty light. We don’t want you running out of gas halfway through your case!
Where do I file for divorce?
This question deals with the concept of jurisdiction. While jurisdiction sounds like a complicated issue, it is easily solved. A good rule of thumb is that you file for divorce in the county that you have been living in for more than 91 days. Generally, if you have children, in order for the Court to make orders about the children, the children will need to have lived in the State of Colorado for a little over 6 months. If your living in El Paso County, you would file your divorce case with the 4th Judicial District.
How long will my divorce take?
Divorce cases must take at least 91 days in Colorado. However, that scenario only occurs when both parties are in agreement on everything. Otherwise, your case will have to go through settlement conferences, a Temporary Orders Hearing, Mediation, and Final Order Hearing. A typical divorce will last six months. Keep in mind, the more contentious your case, the longer your case will be.
How much will my divorce cost me?
Most lawyers hate answering this question. The reason? No one case is the same as another. Case costs depend on a lot of factors, an attorney’s original retainer fee, the attorney’s hourly rate, if there is an expert on board, and lastly, how contentious your case is. Here at Springs Law Group we try to be the most efficient with your money. We know and respect how expensive it is to hire an attorney. We will give you tips along the way on how to keep your costs low.
Do I need a lawyer for my divorce case?
In our opinion, the answer is always yes. However, that decision is up to you and the facts of your case. We always say yes because we know the divorce legal process better than you. We know the law, we know the judges, and we know how to fight. Our lawyers will guide you through the process, advise you along the way, and advocate for you. Having Springs Law Group on your side will only benefit you throughout this difficult time in your life.
How much will my estate plan cost?
The cost of your individual estate plan varies on the complexity and needs of the client. At Springs Law Group, estate planning is done on a flat fee basis which includes meetings with the attorney, drafting of the documents, review and signing meetings and email and phone communications.
What is probate?
Probate is the legal process that transfers your assets and property to your designated beneficiaries in your will or if you do not have a will to your heirs by Colorado law. All wills and non-will estates must be probated, but the level of Court involvement will depend on how your estate plan is formed and executed.
What is a living will?
A living will or an advance directive for medical/surgical treatment is a document where you make decisions for yourself if you are even in a terminal condition or persistent vegetative state. In a living will, you make specific decisions related to life sustaining procedures and artificial nutrition and hydration.
What is a will?
A will is a legal document that allows your wishes to be followed after your death. Generally, a will should detail how your assets and property are to be distributed upon your death. Additionally, in your will, you can name specific beneficiaries who will receive properties upon your death.
What is estate planning?
Estate planning is a proactive way to prepare for your future, your property, who will receive your assets and who can make medical and financial decisions for you if you become incapacitated. An estate plan can include a will, a trust, power of attorney documents, a HIPAA waiver and a living will.