This is Rice Law Office's Legal Checkup Quiz. 

Use it to evaluate your legal health.  If you have any questions about the topics covered, Rice Law Office, P.C. would be happy to assist you. 

Which answer is the most correct?

1.  Do you know how quickly can you get a Divorce?

• Las Vegas style --overnight
• 90 days after you file the Petition
• 90 days after the Court has jurisdiction over the Respondent or Co-Petitioner

2.  Do you know the difference between a Divorce and a Legal Separation?

• there is no difference
• a Legal Separation is easier to get
• if you are legally separated, you are not divorced and are not legally able to marry another person

3.  What can you do if you do not agree that the marriage is irretrievably broken?

• you can force the divorce Petition to be dismissed
• nothing
• you can ask for a hearing on whether the marriage is irretrievably broken

4.  What are the two (2) things that must be done to get a Divorce in Colorado if you have children?

• you must get mental health therapy and have a home study done
• you must have the children interviewed by the Court and get counseling
• you must exchange financial information and go to a parenting class

5.  If you want a Child and Family Investigator (CFI), can you pick who you want? Who pays?

• you can ask for anyone you want and the State of Colorado pays for everything
• the other side gets a CFI who is "mom's rights" or "dad's rights"; you have to pay for everything
• you may be able to request a particular CFI but the "panel" has been approved by the District so you may get the next one available; if you are indigent the State of Colorado pays $500, if not, each parent usually pays $750

6.  Who pays for a Parental Evaluation? How much?

• there are no Parental Evaluations
• the State of Colorado pays for the evaluation
• usually whomever requests the Parental Evaluation pays for it, although you can ask that the cost be reimbursed by the other Party; evaluations are usually between $4,000.00-4,500.00

7.  Do you have to go to Mediation?

• absolutely not, you are getting a divorce because you cannot communicate
• everyone is required to go, no excuses
• you probably will be required to attempt mediation

8.  What are three (3) key things to do that our Firm recommends you do in the event of a divorce?

9.  Do Sole Custody or Joint Custody exist anymore?

• yes
• no
• not really, Courts are no longer entering "custody" Orders; Courts are allocating parental responsibilities

10.  What happens if you owned property prior to the marriage? How is it valued?

• nothing, any property in your name is separate; value is not important
• any property is considered marital; you put a value on it
• property that is separate and owned before the marriage or gifted or inherited (and kept separate is not marital but the increase in value is); usually you look at fair market value

11. Do you know how Child Support is calculated?

• there are not any guidelines
• the Court can do whatever it wants
• child support is usually based on the parents' incomes, number of overnights and certain expenses for the children

12.  Do you have a Will? Has it been revised in the past 3 years? Why is this important?

• a Will lasts forever
• a Will costs so much money that you should only do it one time
• your circumstances, Colorado and/or Federal law may change

13.  What does a Will need to be valid?

• a Will needs to be signed at the Courthouse
• a Will needs to be filed at the Courthouse before you die
• you must be over 18, of sound mind, the Will must reflect your wishes, you are not under any duress, and two disinterested people witness you signing

14. Do you have a Living Will? Why is this important?

• your regular Will is just fine
• a Living Will is never necessary
• a Living Will gives your healthcare provider instructions about life sustaining procedures, artificial nourishment, and organ donation

15.  Do you have a Health Care Power of Attorney? Why is this important?

• a General Power of Attorney is fine
• a Health Care Power of Attorney is never necessary
• medical care decisions can be made according to your wishes when you cannot express those wishes

16. Do you have a Guardian designated for your children?  Why is this important?

• not important, your children can pick whoever they want
• the State of Colorado will automatically choose the next of kin
• the Court will have to make that decision without your wishes being known
•  

17. What are the risks of a General Power of Attorney?

• none
• only that it is expensive
• a General Power of Attorney may give your Agent the right to sell your property and take on debt

18.  Do you need a Living Will if you want to be kept alive?

• no, because a Living Will only deals with keeping you alive
• no, the State of Colorado will make that decision
• maybe, since a Living Will gives instructions about life sustaining procedures, artificial nourishment, and organ donation

19.  Should you name two people as your Personal Representative(s)/Trustee(s) under your Will?

• yes, two people should work together because it is difficult
• only if you do not want to hurt someone's feelings
• maybe, but there may be disagreements between two people

20.  Do you know why you should/should not have a Revocable Living Trust?

• avoid Colorado probate taxes; too hard to set up
• guy on the infomercial said to get one; if you have a Revocable Living Trust, the government gets less money
• may be good if you have real estate in different states or privacy issues; probate is not difficult or overly costly in Colorado

21.  Can you prevent your ex-spouse from being named Guardian for your children by the Court?

• yes, absolutely
• no, never
• possibly, the Court has to act in the child's best interest and placement with a parent may be the best

22. Have you reviewed your beneficiary designations in the past 3 years? Why is this important?

• your beneficiaries are forever
• it is too hard to change
• your circumstances may change