Copyright Š 2021 by Alisha Taibo Coombe
All rights reserved.
No portion of this book may be reproduced, stored in a retrieval system, or transmitted in any form or by any meansâelectronic, mechanical, photocopy, recording, scanning, or otherâexcept for brief quotations in critical reviews or articles, without the prior written permission of the publisher.
ISBN: 978-1-7359748-5-9
The Unapologetic Voice House
Scottsdale, AZ
www.theunapologeticvoicehouse.com
for Dan, Johnny, Emma, Sophia and Olivia, who make me the happiest wife, mommy and step-mom in the world.
Contents
Contents
Acknowledgements
Prologue
A to Z Guide of Helpful Legal Terms
Section 1 â Starting Your Case
Chapter 1: Overview of a Family Law Case
How to Start Your Case
The Case Caption
Parties
Magistrates and Judges
Serving the Papers
The Mandatory Injunction
The Case Management Order
The Initial Status Conference
Litigation
Financial Disclosures, Witness Disclosures, and Discovery
Parenting Class
Opposing Counsel
Temporary Orders Hearing
Motions
Mediation
The Final Hearing
Chapter 2: Jurisdiction and Venue
Section 2 â Building Your Case
Chapter 3: Case Deadlines
Chapter 4: How to find the Law
A Brief Summary of Laws You May Need to Know
Property And Debt Division
Child Support and Maintenance
The Child Support Enforcement Agency
Custody
Relocation
Grandparent Visitation
Stepparent Adoption and Termination
Protection Orders Hearings
Contempt
Chapter 5: Draft a Trial Plan.
Chapter 6: Disclosures and Discovery
Witness Disclosures
Financial Disclosures
What if The Other Side is Hiding Assets?
Discovery
Privileges
Other Protections
Subpoenas
Motion to Compel
Chapter 7: Experts
Why do I need an Expert?
Usual Types of Experts in Family Law
Child and Family Investigator
Parental Responsibilities Evaluator
Vocational Evaluation Expert
Business Valuation Expert
Home Appraiser
Other experts
How do I pick an expert?
Section 3 â Trial
Chapter 8: Pretrial Preparation
Planning For The Timing Of Your Case
Starting a Trial Outline
How to Question Witnesses
Direct Examination
Cross Examination
How to Question Experts
What to Bring to Court
Court Checklist
Chapter 9: Presenting Evidence
How to Get the Document into Evidence
How to Object
Basic Evidence Rules
Chapter 10: Opening Statements and Closing Arguments
Chapter 11: Final Forms
Trial Management Certificate
Parenting Plan
Separation Agreement
Affidavit for Decree Without Appearance
Proposed Decree
Proposed Support Order
Section 4: Post-Trial
Chapter 12: Post-trial Checklist
Conclusion
Advice from the Bar
Appendix
About the Author
Acknowledgements
My deepest gratitude goes first to the love of my life, Dan Coombe. Without a husband like you, it would have been impossible to write a book while being a full-time working mom. You make marriage easy and life fun every day. Thank you for always encouraging and supporting me, giving me your time, reviewing and editing the book, and offering positive and objective feedback. You are my best friend and soulmate. I love you forever. SWNGBGR!
The completion of this book would not have been possible without the assistance and feedback of my mentor and dear friend, Judge Don Toussaint. Thank you for giving the most valuable gift a person can give - your time - to mentoring me and reviewing and editing this book. I truly appreciate your kindness, encouragement and friendship.
Prologue
It may interest you to know that 75% of all family law cases in Colorado courts are filed by people who are representing themselves. Thatâs an incredible number. That means you are in good company, and you are not alone. At $250 an hour and up, legal services have become a luxury most people cannot afford. However, the Courts maintain that parties who represent themselves without a lawyer are held to the same standards as attorneys. While this book cannot replace three years of law school, it can provide you with the information and tools you need to effectively represent yourself in your family law case.
This book will help you better prepare your case by guiding you to the law the judge will apply, orient you to the process, and tell you what you need to do, in what order, and what the court expects of you in terms of deadlines, forms, presentation and demeanor. This book was written from the perspective of going through a Colorado family law case from start to finish, and the timelines and rules pertain specifically to Colorado. I have tried to touch on the major points of a family law case, such as division of assets and debts, support payments, and custody, as well as some lesser common cases like adoption and contempt.
This book is not legal advice. Legal advice refers to when an attorney tells you what you should do in your specific case. I do not know you and cannot possibly give you legal advice concerning your unique situation. If you have specific questions about what you should do at any given moment in your specific case, you should consult with an attorney. There are attorneys who are willing to help you by meeting with you on a one-time consultation basis, and who are willing to advise on an ongoing basis without expensive retainers or entering their appearance as your counsel in your case. This limited type of representation is also known as âunbundled servicesâ and a Google search for âunbundled services attor...