Aggressive divorce attorney for alimony and custody issues

COLORADO SPRINGS DIVORCE (a military friendly law firm)

You have arrived at the divorce information site of Colorado Springs divorce attorney, Thomas H. Terry, Esq. Welcome! We are looking forward to assisting you.

We invite you to relax and take a look around. Then give us a call at (719) 633-0909.   While a significant number of our divorce and family cases are referred to us by former satisfied clients, we will be pleased to talk to you even if you are new to our firm.  We offer a FREE INITIAL CONSULTATION for divorce, custody, and post-decree cases.  We encourage you not to delay your call for assistance as new client slots are limited to ensure quality service to clients who have already retained us.

The Law Firm of Thomas H. Terry, PC is the Colorado Springs divorce lawyer of choice for clients seeking quality divorce representation at an affordable price.

We can help you:

* Protect your income and property.

* Find a fair settlement solution.

* Fight back against unreasonable demands.

* Avoid costly mistakes.

* Obtain what is rightfully yours.

* Restore peace and quality of life.

The Law Firm of Thomas H. Terry, PC has successfully represented clients in hundreds of divorce cases that span the spectrum from friendly, uncontested matters to the most high-intensity conflicts over money, property, and children. Our approach as your divorce attorney is to provide honest, straight-forward legal advice combined with strong, forward-thinking action.

Are you the type of client we represent?

A sampling of our divorce clientele from 2006-2010 includes business and government executives, active-duty and retired military officers and NCOs, engineers, insurance brokers, business owners, retail managers, retirees, school teachers, military contractors, stay-at-home moms, nurses, medical doctors, physician assistants, HR specialists, information system managers, realtors, paralegals, mechanics, office managers, full-time students, tax preparers, construction foremen, physical therapists, factory workers, salesmen, college admission representatives, and senior financial analysts, to name just a few.

We are often sought out by clients referred to us because of our experience with heavy maintenance/alimony issues or complex custody situations. However, many clients comes to us simply because we remain among the few skilled divorce attorneys in town willing to charge a low fee for truly uncontested cases. Whatever your family law need, chances are we have the experience and skill to help.

Were you referred to us becuase you want an AGGRESSIVE divorce attorney? You have come to the right place, but we pride ourselves on being aggressive with a difference. Too many divorce lawyers advertise "aggressive" when what they really mean is that they will be reckless, angry, and offensive. That kind of divorce lawyer might temporarily impress inexperienced clients, but is unlikely to impress anyone else, especially the judge who will decide your case. Aggressive should NOT include a divorce attorney spending time creating unnecessary conflict, while at the same time running fees through the roof arguing ridiculous and petty issues. At The Law Firm of Thomas H. Terry we will diligently represent your interests, but our philosophy as your divorce attorney is strongly centered on helping you negotiate a peace treaty even while preparing for courtroom battle, if negotiations fail.  You will be pleased to know that we have substantial, successful experience developing favorable settlement agreements for our clients, saving them grief and money and avoiding courtroom conflict.

What if negotiations fail? Rest assured that if push comes to shove we will push back hard, and we are NEVER afraid to take a case to trial. Can we guarantee a win? No. No honest divorce attorney can. Are we willing to be dishonest or unethical? NO. However, in our experience diligent, aggressive representation--while taking the high road--produces the best overall results for our clients. That’s what we mean by being a divorce attorney who is aggressive, with a difference.

If you have come this far, you need real solutions from a divorce attorney with the experience and a mind to help.  We believe that you will find our hourly rates among the most competitive in Colorado Springs, especially compared to results achieved. Give us a call now at (719) 633-0909 or email to action@tomterrylaw.com.   There is no obligation and no pressure.  Regardless of the outcome of our meeting you will come away more confident in the future and better able to make the important decisions before you.

Want to know more before the initial consultation? Here are some common questions and answers:

How will the court divide property and debt?
Under Colorado law the court must determine which property is separate (i.e., property acquired prior to the marriage, or during the marriage by gift or inheritance) and which is marital property and debt. Marital property and debt are divided in an “equitable” fashion. This means that the judge is given the authority to divide the property and debt in a manner that he or she believes is fair. This may be a 50/50 division, or it may be some other division. As your divorce attorney, we will help the judge understand the property division you favor and the reasons your proposal should be made the court's order. There are complex laws and case holdings that provide the court direction and advice in how this should be done based upon specific circumstances. Our firm is well-qualified to assist you in the complexities of property and debt division.

How does the court determine custody?
The simple answer is that Colorado courts are required to decide parenting issues based upon the "best interests of the child standard." The law sets out about a dozen factors for the court to consider in making its decision as to what is in the child’s best interests, and different judges tend to weigh these factors differently. As your divorce attorney we can help you present your case favorably, and navigate through the maze of legal rules impacting how a judge decides custody.

Fathers receiving 50/50 parenting schedules, or even primary care of the child, are becoming more common, but it can still be a real battle. Father’s seeking substantial parenting time, or Mother’s defending against it, are well-served to have a competent, experienced divorce lawyer on their side. The consequences of a poorly conceived parenting plan can last a life-time. The financial consequences to the parties can be huge. We are experienced in assisting parties in drafting quality parenting plans, or, if necessary, in representing parents in high-intensity parenting conflicts played out in court.

What if I don’t want the divorce, but want to save my marriage?
As your divorce attorney, we may be able to help. Saving and restoring a marriage is the best solution, if possible. A good marriage has many benefits—financial, health, emotional, and otherwise. If you tell us that you want to try to save your marriage, we will do all that we can to assist you. We have a strict policy that no financial gain to you, or to us, is ever worth more than restoring a marriage to happiness. We have been instrumental on several occasions in helping parties get back together and end their divorce with a renewed, lasting relationship. Unfortunately, in most cases that simply is not possible.

If at least one of the parties is determined that there will be a divorce, there will be a divorce. Most often the marriage, regardless of fault, has simply become irrepairable. We will presume this is true, unless you tell us otherwise. In addition, there can be financial penalties for waiting too long to divorce once it appears likely the marriage will fail. For example, if maintenance is going to be paid, then the longer the marriage, the greater and longer maintenance is likely to be. Additional debts may be run up or other liabilities created. There are other examples of the dangers of staying on a sinking ship too long. As your divorce attorney we will make certain that you are fully advised of the traps and pitfalls so that you can make the best decision possible.

How is maintenance (alimony) or child support determined?

Maintenance: If maintenance is at issue in your case, you need a divorce attorney who is highly experienced in maintenance issues. There are two basic forms of maintenance in Colorado. The first is temporary maintenance or maintenance ordered while the divorce case is in progress (“temporary maintenance”). This is usually determined by a formula in which the court subtracts 50 percent of the lower income from 40 percent of the higher income. The difference between the two is the amount of presumptive maintenance. However, when the parties have combined incomes of $75,000.00 per year or more this “presumptive maintenance” does not apply. Instead, the court will consider the circumstances of the case according to certain complex factors set out by law. Even in cases where the combined income of the parties is less than $75,000.00, the formula will not always be applied. The second form of maintenance, known as post-dissolution or after-marriage maintenance, is not a formula, but instead takes into account various factors set forth in the law such as the length of the marriage, lifestyle established during the marriage, financial need as compared to ability to pay, and various other factors. Fault cannot be considered. Maintenance is a highly technical legal issue that can have huge financial consequences. It is strongly recommended that you not try to represent yourself if maintenance is at issue, but immediatley contact a qualified divorce attorney, such as that at our firm.

Child support is determined by a formula that takes into account factors such as each parent’s income, the number of overnights each parent has with the child per year, health insurance expense for the child, and daycare expense. In some cases other factors may apply. While this may seem straight forward, it frequently is not. Issues often arise as to not only what a party’s income is, but whether or not they are voluntarily unemployed or underemployed. There may be questions as to which part of the income should be counted (i.e., which part of overtime, if any, should be added into the formula, and what about income such as bonuses, interest, paid moving expenses, inheritances, capital gains, second jobs, social security disability, retirement distributions, and the easily manipulated income of self-employment?). The Law Firm of Thomas H. Terry can assist you in ensuring that child support is calculated fairly and correctly.

I would like to try a friendly, uncontested divorce first. Can you help me?

Chances are, we are just the divorce attorney you are looking for. Yes, we have a reputation for our work with high-intensity “mean” divorces. But we are happy to make peace instead of war. We believe that you will find our rates and policies in regard to uncontested, friendly divorces among the best anywhere in town. With our reasonable fees and quality services for uncontested cases, there is no reason you should take the risk of trying to go it alone. If you are not certain if your case will be uncontested, that is okay too. We can help you give it a try at our low cost fees for uncontested divorce. If that doesn’t work, then you can retain us as your divorce attorney for a contested case and have the advantage of us already being familiar with your case. We will be ready to quickly jump in and fight for you.

Can I go it alone, or do I need a divorce attorney to help me? We believe that with our very reasonable fees for uncontested divorce, there is no reason to go it alone. Before you make what could be one of the most important decisions of your life, take a minute to consider the following: Yes, it would be nice to find a way to save on attorney fees. But have you also considered the risk and expense of not having a divorce attorney to assist you? Every year our firm is hired by clients after their do-it-yourself divorces to try to fix the legal mess that was made. We are not just saying that because we want to be your divorce attorney. We make a lot of our fees from messed-up, do-it-yourself divorces. We speak from the experience of listening over and over again to tales of do-it-yourself disasters. A sampling of recent cases our firm was consulted on include a party who had misunderstood the law of retirement division costing herself over $50,000.00 (we couldn't fix that one); a client with a six-figure income whose do-it-yourself settlement agreement was misworded, resulting in litigation after the divorce costing the parties over $15,000.00 on a case we could have done initially for under a $1,000.00; and a case where the children were alienated from their mother by father, but probably could have been prevented with a good divorce attorney involved. There are many other examples, just in a single year.

D0-IT-YOURSELF-DIVORCE QUIZ
1. Are you an experienced multi-issue negotiator?

2. Do you fully understand the legal standards for division of property and debt in Colorado?

3. Do you understand and know how to use correct legal wording in agreements, and understand the legal definitions as opposed to common definitions of the words you choose?

4. Do you understand the consequences of using the wrong wording in an agreement?

5. Do you understand the rules of filing, service of process, mailings, deadlines for disclosures, etc.?

6. Do you understand each factor considered by the court in an award of maintenance/alimony?

7. Do you understand the factors set forth in CRS 14-10-124 in deciding child custody, and are you familiar with how the courts are applying the factors, including to young children, teens, parents with records, removal cases, and in cases with allegations of abuse or neglect?

8. Do you understand the rules of evidence, including the definition of hearsay and its exceptions?

9. Do you know how to effectively testify in court and in depositions, if necessary?

10. Do you know how to prepare witnesses and organize evidence exhibits for trial?

If you cannot truthfully answer "yes" to the first five, you probably need a divorce attorney to assist you even if you are just in an uncontested divorce. If you cannot answer "yes" truthfully to 6 - 10, and you are in a contested case, you may be in real jeopardy without a divorce attorney.

Frankly, even if you are a divorce attorney yourself, and know the answers, you probably need the help of another divorce attorney just to help you think straight in the fog of family conflict, and to give to you neutral advice.  In our experience, even most divorce attorneys do not try to represent themselves. The risk is just too great.

If you are ready for strong representation and affordable solutions, or even just looking for a no obligation/no pressure consultation to better understand your rights and options give us a call at (719) 633-0909 or email to action@tomterrylaw.com.   (You should NOT email confidental information to us until we have agreed in writing to represent you. Email or phone contact does not create an attorney-client relationship). We look forward to hearing from you.

© Copyright 2011, The Law Firm of Thomas H. Terry, PC. All Rights Reserved. The information contained on this website is for informational purposes only. Nothing herein should be construed as legal advice. We are a federally designated debt relief agency. We help people file for bankruptcy under the Federal Bankruptcy Code. Laws and office policies subject to change without notice.