An Interview with Colorado Family Lawyer Jordan M. Fox
Jordan M. Fox is a family lawyer at Sherman & Howard in Denver, Colorado. Mr. Fox is a Fellow of the American Academy of Matrimonial Lawyers and the Colorado Bar Association, Family Law Section, Executive Council. He was recognized as a Colorado Super Lawyer in 2006 and 2007 and is a frequent lecturer in the field of matrimonial law. Mr. Fox can be reached at jfox@shermanhoward.com or 303/299-8208.
Recently, Mr. Fox took time out of his busy schedule to answer The Modern Woman’s Divorce Guide’s questions about divorce.
1. What are the grounds for divorce in your state? Colorado is a no fault divorce state. So long as one party asserts that the marriage is irretrievably broken the case may proceed.
Before proceeding with a dissolution (divorce) action in Colorado at least one party must reside in Colorado for at least 90 days before filing. There is also a 90 waiting period after the filing before the
Court can enter the divorce decree.
2. Does fault (such as infidelity or domestic violence) affect the outcome of a divorce in your state? If so, how? Marital fault (infidelity) does not affect the outcome of a Colorado divorce unless it can be shown that marital resources were “wasted”. In such cases the Courts typically value the waste and require the “repayment” of the waste to the marital estate.
Domestic violence, however, can have a dramatic effect on the allocation of parental responsibility (Custody) as the Court is not permitted to order shared parental responsibility where domestic violence has occurred, unless both parties agree that this is in the children’s best interest.
3. If a woman is preparing for divorce what, if anything, can she do to improve the outcome of her case? Set realistic goals for the outcome of your case. All factual disputes are determined by the judge and thus an unrealistic goal may cause the Court to view your position with less credibility.
Plan ahead and get as much information regarding historical patterns of involvement with the children and as much information as you can regarding the current and historical family spending habits and assets. I would also suggest that a person planning for a divorce obtain credit in their own name so that they can assure financial security until such time as they can get into court for assistance.
4. What are some of the biggest obstacles women face in divorce? While not the traditional answer that most women expect to hear, I believe that the biggest obstacle that many women face in this process are unrealistic goals set by their family and friends. The divorce process is very stressful and thus most women will turn to their family and friends for support. This support is essential! This support, however, also brings with it advice from divorce veterans as to how your case should be handled and what you should expect as a result. It is essential to filter out most of this advice as no two divorces are alike. What happened to your friend should not be utilized as a barometer for what will happen in your case. Work with your advisors
to determine what rights and obligations you will have during this process and focus on your case and your children.
From a more practical point of view, if the woman is the downside spouse (traditional homemaker or recent entrant into the work force) it is often a struggle to obtain full disclosure of income and assets. I also see many downside spouses being faced with interim cash crunches as they await the Court’s assistance to assure the continuation of support.
5. When should a woman take her case to trial? When shouldn’t she? If the parties are able to communicate effectively, and both parties have a good working knowledge of their spending, income and assets, I will always suggest mediation or some other form of alternative dispute resolution, prior to a trial. The majority of cases actually do settle before trial. What is important is to determine how to accomplish your goals and if such goals cannot be reached through settlement, then trial may be necessary.
6. How can a woman make divorce easier on her children? Keep the children out of the process!!! You are getting the divorce, not the children and thus their involvement should be limited or non-existent. If decision making or parenting time will be an issue I would suggest meeting with a minister/child psychologist/therapist in advance to discuss how the children should be told and to help both parents learn what parenting plans will fit their children’s unique developmental needs.
In the cases where there is simply no agreement regarding child related issues, I would emphasize the importance of reinforcing that both parents are important. Part of this process is to insure that neither you or your family and friends have discussions about the process in front of the children. This advice is suggested for younger children.
Older children typically know more about the process and the dispute than you would like and thus it is sometimes important to provide the children with the opportunity to ask questions.
7. What qualities should a woman look for in a divorce lawyer? Compassion, intelligence, assertiveness and the ability to listen. Note that aggression was not listed. Often clients will come into my office and ask whether I can be a shark or a bear or a pit bull. While there are attorneys in Colorado with that reputation, their antics are not appreciated by the Courts and thus they often provide a disservice totheir clients. Courts in Colorado are looking for a thoughtful and reasonable presentation and are not appreciative of the TV-like lawyer games. You want an attorney who will be assertive and will not allow your issues to be ignored. You do not want an attorney who will focus on the antics rather than on your needs.
Assuming the lawyer chosen is competent, the most important quality for a divorce lawyer is someone who will listen and who will provide realistic recommendations for resolution. Divorce is a painful process and it is important to find someone who will help you identify what you need and who can provide you with a plan for moving through the process. I would suggest that meeting with the lawyers staff is also a good way to get insight into the lawyer’s personality. as to how the lawyer can help you with the process.
8. What should a woman do if she disagrees with her divorce lawyer’s recommendations? Remember that the attorney works for you. If you disagree with the lawyer’s recommendations you must tell them. If they do not listen, I suggest presenting your argument in writing. If they still do not listen, get another lawyer. It is your job to set the goals for your case. It is your lawyer’s job to assist you in achieving those goals. If you disagree with a goal set by your lawyer, or if you disagree with the methods used by your lawyer to achieve that goal, you must speak up. Your lawyer is a reflection of you. If you do not like that reflection it is reasonable to assume that this reflection will also not be well received by the Court.
9. If you could impart any of your wisdom to a woman who is going through divorce, what would it be? Seek empowerment through the process. Stand up for yourself and take charge of your life. Be an active participant in the process and demand frequent contact and updates on the status of your case. Ask for a case plan from your attorney so you know what is happening and what to expect. Obtain more than one contact in your lawyer’s office so you have someone you can speak to even if the lawyer is tied up in Court or with another client. Obtain an understanding of your rights and a realistic expectation of the outcome of your case. Know that regardless of the outcome, you are not dependent on your soon to be ex-husband and know that you will be okay.
10. Are there any divorce books or resources that you would like to recommend to women going through divorce? Depending on the financial acumen of the client, I will often recommend that they speak with a financial advisor to assist with the preparation of a budget and a projection of current and future financial needs.
This article is not legal advice. You should consult an attorney if you have questions that relate to your divorce and finances.
-
Posted by ModDiva on November 1st, 2007 filed in Colorado, Family Lawyer Interview Series, Divorce Lawyer |
Leave a Comment