Divorce & Family Law Frequently Asked Questions

Divorce Frrequently Asked Questions - Divorce Lawyer Denver - Northglenn and Thornton Attorney
What are my rights?

The Dissolution of Marriage Act defines the rights of persons going through a divorce or legal separation. Even though there can be complicated cases and certainly complex emotions involved in a divorce or legal separation, it is important to realize that a Court in Colorado must proceed under the statute in determining the rights of each party. Consulting with an experienced divorce and family law attorney like Dennis H. Babiniec, can allow you to understand more specifically the statutory framework that applies to your case and the legal procedures available to take you through the process of having the issues that apply to your case resolved under the Colorado statute.

Do I have to go to Court?

If there is a full agreement concerning all of the issues of the marriage, and if there are no children, or it there are minor children, each party must be represented by an attorney in the signing of the agreement, it is possible to obtain a decree of dissolution of marriage or legal separation without an appearance of the parties. Otherwise, the typical procedure is that Court will require an initial status conference to be scheduled to discuss the issues involved in the case and to schedule the next court hearing based on the issues and procedures necessary in the case. Those procedures could include temporary orders as well as a permanent orders hearing.

How much does it cost to have legal representation?

The law firm of Dennis H. Babiniec, P.C. represents people in divorce and family law cases on a retainer basis. A written fee quote is given after a free initial consultation to determine the issues and procedures applicable to the case. The retainer is deposited in a client trust account and drawn on for the work performed on the case at an hourly rate for attorney and paralegal time.
If a case is completed and there are still funds left in the trust account, those funds are refunded to the client. If a case uses up the retainer amount prior to completion, the retainer may need to be replenished depending on the stage of the case and what work remains to be done. Therefore, the actual cost of a case depends on the actual time expended for the work that needs to be done.

Do you win every case?

It is difficult to measure what is considered a “win” in a divorce or family law case. Since under the statute, the Court must make a division of marital property and marital debt, there is usually less to each party after a division than there was cumulatively to start. After 29 years in practice in over 1,000 divorce and family law cases, the approach used by Dennis H. Babiniec is to inform the client of the statutory issues that apply to their case so that they can understand what to expect if a Court must decide the particular issues of their case. This gives them a realistic basis that they can determine whether a settlement makes sense to resolve their case or whether they prefer to have a Court determine the issue. It takes out the “hocus pocus” or mystery of when an attorney accomplishes a certain result and the client did not expect or know how that result was achieved.

Dennis H. Babiniec, in 29 years of practice believes in a team work approach where the client is an important part of the fact gathering and investigation of the facts of their case. By informing the client of the legal issues, statutory basis and procedures involved in their case, the client can understand why certain documents, information or facts can be critical to the outcome of their case. It is a “roll up your sleeves” approach that Mr. Babiniec has found to be more effective in the practice of divorce and family law. Also, the client feels more part of the case and since it is their life being affected by the outcome, it is important for them to understand how the legal process works in order to know what to expect.

Rather than “winning” or “losing” a case, the law office of Dennis H. Babiniec, P.C. approaches the divorce or family law case by informing the client of the legal issues and procedures, giving them an opportunity to be part of the fact finding and investigative process and pledging a combined effort to prepare and present the case using the facts and evidence available thereby maximizing the potential outcome of a case to the benefit of the client. I understand that the outcome of a case is important to each client; therefore achieving the full benefit allowable by law for each client is the goal of the law office of Dennis H. Babiniec, PC.


Contact Dennis H. Babiniec, P.C. today at 303-451-9110 to schedule your free consultation, or browse our website to read our Divorce & Family Law FAQs.

If you are looking for information regarding Bankruptcy, including Chapter 7 or 13 Bankruptcy, please visit our Bankruptcy website.

The content on this site is intended for general information only and is not to be construed as legal advice. Please consult Dennis H. Babiniec, P.C. for advice specific to your needs.

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Dennis Babiniec, P.C. - Divorce and Family Law - Divorce Lawyer Denver - Northglenn and Thornton Attorney
Dennis H. Babiniec, P.C.  |  Northglenn and Thornton, CO Family Law & Divorce Attorney  |   BBB Accredited, A+ rating and over 30 years of experience
Family Law, Divorce, Legal Separation, Support & Custody  |  Serving The Denver Metro Area, Including Northglenn, Thornton,
Westminster, Broomfield, Commerce City, Federal Heights, Wheat Ridge and Arvada, CO

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