Colorado Legal Blog

Importance of Divorce Paperwork in Colorado

In any court proceeding, paperwork is probably at the heart of the entire system. Though it can get confusing and has the ability to trap a layperson easily in its complexities, it is lengthy precisely because it has to cater to a wide range of possible issues that the average person is unaware of. In this regard, a good Colorado divorce attorney can lead you safely through the maze and bring you out unscathed.

However, its quite important to know the basic divorce paperwork yourself so that you'll have a firm grasp of proceedings. All matters relating to Colorado divorce are subject to the Colorado rules of civil procedure which lay down detailed instructions on how such a court case must proceed.

Petition for Dissolution

The petition for the dissolution of marriage is the item that starts the entire proceedings. It can be filed by either one of the parties, or by both together and contains important information such as when the marriage took place, when the parties were separated, the number of children (including whether or not the wife is pregnant), as well as any arrangements regarding the separation of responsibilities.

If the petition has been filed by only one party, the other person mentioned must be served with the notice. In case the other party isn't easily found, all efforts must be made to reach him or her including the insertion of a notice in the local newspaper - after which, the party has 30 days to respond to the notice or risk having a default judgement entered.

As soon as the summons has been received by the other party, the court will issue a temporary injunction that lays down a set of rules for conduct during the proceedings. This consists of a set of restraints against various activities such as transfer of marital property or removing a minor child from the state without informing the other party. However, an expanded temporary injunction can be applied for by either the husband or the wife depnding on the circumstances.

Hiring a Colorado Divorce Lawyer

This is probably the most important step to take when initiating a Colorado Divorce. In cases of contested divorce, you can be sure that your spouse will be hiring an attorney and unless you do the same, you could find your interests severely compromised due to the many legalities and loopholes involved. Our Clawson & Clawson attorneys will make sure that your rights are protected and will spare no effort to ensure a just and equitable outcome for you. Contact us for a free initial consultation.

In Colorado, like most other states, being accused of a hit and run is a very serious issue.  If you have been charged with this type of crime in Colorado, you will need the help of an experienced Denver criminal defense lawyer.

When no injuries involved, first time offenders who are later convicted of a hit-and-run crime will need to pay for the damage they caused to the other vehicle. They will also need to pay fines which are assessed above and beyond what their insurance company will pay.  Many states, including Colorado, will asses points on the license of anyone convicted of this offense, which will undoubtedly add up to higher insurance premiums.

Where the accident has caused injury to another person, the penalties are more severe, resulting in more DMV points and possible drivers’ license revocation.  However, if the accident has caused one of the victims to die it moves from misdemeanor to felony status, which is far more serious.  The accused person will be asked to give a police statement and turn in their car for investigation. 

Anyone who is facing serious charges like those associated with hit-and-run will have a lot of questions about how to proceed.  This is where a Denver criminal defense lawyer comes in.  Not only will we answer all of your questions, you will have an experienced attorney defending your rights and investigating all the evidence surrounding your case.  An attorney may be able to reduce the penalties by reviewing the nature and extent of the damage caused by your accident. 

Consult with the experienced team criminal defense attorneys at Clawson & Clawson, LLP.

Guiding Principles of Child Support

Child support in Colorado is calculated based on complex formulas devised by the court. The overarching principle of child support is to ensure that the lifestyle of the child is not affected in any way by the separation of the parents. Outside observers frequently wonder why a parent who doesn't get to spend much time with the child has to pay more for child support. They argue that since the parent is getting less "time" with the child, they should be paying less and not more.

The courts however, have decided that the parent spending more time with the child is also spending more money on child related activities which needs to be compensated. The formulas proposed by the court are designed to introduce as much objectivity into the payments as possible and ensure that consistent treatment is meted out to different parties over a period of time. However, judges do occassionally change the child support amount for extraordinary costs such as medical and work related expenses.

Calculating Child support in Colorado

The Colorado Revised Statutes take into account the total combined gross income and segregates it into two slabs. The first slab is below $850 a month. In this case, a minimum payment of $50 is required except when each parent keeps the child at home for more than 3 months in a year. The second slab is between $850 and $20,000 a month.

There are different amounts to be paid based on the number of children for whom child support is required. The total range of monthly child support goes from monthly payments of $184 to $4,049 depending on the income of the parents as well as the number of kids. When the combined income falls between a given range, the child support amount is interpolated to arrive at the actual figure.

Hiring a Child Support Attorney

There are many more factors to be taken into consideration over and above the basic guidelines laid down by the courts. The section of the Colorado Revised Statutes that deals with Child support payments is Title 14, Article 10, Section 115 and it's a very long and complex portion of Colorado Family law. By contacting an experienced Clawson child support attorney, you will be able to benefit from hidden provisions and prevent many pitfalls that could end up harming you seriously. Come to us for a free initial consultation!

Temporary Alimony in Colorado

Alimony is a complicated, contentious topic of law and each case is different from the next. Our experienced Clawson & Clawson Colorado divorce attorneys have been known to get extremely favorable results for their clients and our firm has an impeccable track record in these cases. However, temporary alimony is one of those aspects of Colorado law that is a little less well known than regular spousal maintenance.

Since a divorce proceeding may take a lot of time, either party can file for a temporary order regarding the various aspects of a divorce case such as the usage of property, child custody and spousal maintenance. Temporary alimony is one of the items that can be decided and the court usually takes the opinion that during this time, the finances of the two parties should be mixed up so as to give each a time to adjust to the circumstances.

Formula for Colorado Temporary Alimony

There is a standard formula that is presumed to be used when the amount of temporary alimony has to be determined if the combined income of the two parties is less than seventy five thousand dollars a year. The formula is 40% of the income of the higher earning spouse minus 50% of the income of the lower earning spouse. If the outcome of the formula is either zero or less than zero, there will be no temporary maintenance.

However, the court also has the power to make changes to the amount in despite the formula if it finds that it's unfair. In addition, the party who is eligible for the alimony may choose to waive the right and specify the reason for doing so. In case the judge finds that the reasons are fair, temporary maintenance can be waived.

And finally, if the party with the higher income already has some maintenance payments to make, his or her income is adjusted to reflect the total amount of disposable income.

When the combined income is over $75,000 however, there is no set formula for maintenance and the court must decide if it's necessary at all based on a number of factors.

Getting an experienced Colorado Divorce Attorney

Spousal maintenance or alimony cases in Colorado can be complex. A lot depends on how well your case is represented in court. A cogent presentation can impress the court and persuade it to give you a judgment very much in your favor. Contact our Clawson & Clawson attorneys for a free initial consultation.

According to Colorado law and the Second Amendment, American citizens have the right to bear arms to protect their home, themselves and their property, but these rights are often curtailed by other laws that are designed to protect citizens and prevent violence.  If you are facing a felony weapons charge for possession of a weapon, a Denver Criminal Defense Attorney can help. 

Felony Weapons Charges in Colorado

Felony weapons charges often result from carrying a weapon without the proper permits or violating other weapons-related laws and a conviction could cost you dearly.  Whether your charges are related to “felony menacing” or possession of a dangerous weapon like a machine gun or bomb, or actually committing a crime with a weapon, a felony charge means a much harsher penalty if convicted.  Weapons-related felony charges may result in long incarceration or probation periods, mandatory sentences and many other serious consequences that may affect your future in the community and the workplace. 

Work with an Experienced Denver Criminal Defense Attorney

No matter what the circumstances surrounding your alleged violation may be, seeking legal representation should be the first thing you do.  By conducting a thorough investigation, a Denver criminal defense attorney can present evidence that counters the prosecution.  Look for a criminal defense attorney that is familiar with the Colorado criminal justice inside and out, and who has a demonstrated track record of successfully defending cases like yours. The criminal defense team at Clawson & Clawsson, LLP will apply their disciplined and aggressive approach to your case, with a goal of having your charges dropped, negotiating a plea deal or limiting penalties. 

Importance of an Accident Report in Colorado Springs

The State of Colorado has very strict rules regarding the reporting of accidents by those who are involved in it. Not complying with the regulations in this case can lead to a Class II misdemeanor charge for which the minimum sentence is 3 months imprisonment or a $250 fine or both. The maximum sentence is 1 year in prison or a $1000 fine or both. The law laying down the reporting of accidents in Colorado is covered by Title 42, Article 4, Part 16 of the Colorado Revised Statutes.

In most situations, no special knowledge of the law is required to comply with regulations. It's common sense that both vehicles must stay at the place where the accident took place and inform the authorities. In addition, both parties must divulge to each other, all the relevant information about themselves including their names, address, registration numbers and the driving licenses.

Interestingly in a case in 1981, it was determined that a person couldn't be convicted for leaving the scene of an accident where no one other then themselves was involved.

The law also requires medical assistance to be provided if possible and where necessary. Or if a person feels that further aid at a hospital is needed, they must make the arrangements to carry the injured party to the hospital. They must then inform the police and inform them about the situation.

Cases where the police need not file an investigation

The law recognizes that not all accidents need a full investigation and that sometimes the damage is minor enough so as to not require further attention from the police. Such situations include incidents where the damage to either person's property doesn't exceed $1000 and no one has been hurt in the process. Also, if there is no motor vehicle involved in the accident, the police need not file an accident report if a person isn't seriously injured.

Hiring a competent Accident Attorney

If you find yourself in an accident, you can be sure you need an experienced attorney specializing in such cases. Without one, you can either be charged under serious sections of the law or fail to realize your rights. You must waste no time in contacting a Clawson & Clawson attorney as soon as the accident takes place. The more you delay, the greater the danger you will take an ill advised step. So don't hesitate. Call us for an initial consultation.

Colorado Courts and Marriage Counseling

We saw in an earlier article, that the only valid grounds for divorce in Colorado is that of "Irretrievable breakdown." It was also mentioned that in case one of the parties has denied that such a breakdown exists, the court might strongly suggest to both the parties that they seek marriage counseling. f you're involved in a marital dispute, you can ask your divorce attorney what your options are and whether or not you think it's a good idea to try counseling.

One might wonder why the State of Colorado wants to play an active role in encouraging estranged married couples to reunite. In fact, this is the very purpose of the "Marriage Counseling" section of Colorado law found under Title 14, Article 12. The State of Colorado declares a specific intent to further the continuance of peaceful marriage relations between two parties. This intent becomes a compulsion when there are minor children involved in the equation. In addition, there are undesirable economic and social consequences arising from broken homes which the state is desirous of avoiding.

In every judicial district, the chief judge can appoint domestic relations counselors who are qualified to mediate between parties involved in a marital dispute.

Image Credit: alancleaver_2000

Privacy of Marriage Counseling

It's very important to note that all communications between the two people and the marriage counselor is privileged and cannot be disclosed to any third party. Perhaps most importantly, no information or communication gathered during counseling can be used against either party in the court proceedings even if the counseling was urged by the judge involved.

After Counseling

Sometimes the marriage counselor comes the conclusion that further treatment is necessary for a prolonged period of time. Such treatment can be psychological or even religious in nature. In which case, they refer either or both parties to the relevant person who can help them.

The fees for the marriage counselor can come from either the husband, or the wife or both. The judge can decide who is to pay for the counseling and apportion the costs.

Ask your Divorce attorney

Our Clawson & Clawson divorce attorneys have lots of experience in observing various cases and can assist you in deciding whether or not marriage counseling could play a role in improving your situation. Contact one of our attorneys now for an initial consultation and obtain their advice.

Filing a claim for Social Security Disability compensation isn’t as easy as it seems.  Many people find that a judge denies their petition, but that doesn’t mean they should give up.  A Denver Social Security Disability Lawyer can help if you are denied by an Administrative Law Judge (ALJ) at a Social Security hearing.  Remember, you do have the right to appeal to the Social Security Appeals Council.

In order to do this, you must fill out the form HA-520-U5, which is a formal request for a review of your hearing decision.  But don’t wait too long to file.  You only have 65 days after the date stamped on the judge’s decision to get the appeal to the Appeals Council.  Please note – your appeal must be delivered to the Appeals Council by the 65th day, not merely postmarked.

Remember, the Appeals Council will not actually hold a hearing for your appeal; they will do a paper review of your file instead.  This means your appeal must contain every reason for your appeal and why you disagree with the decision.  Your attorney will often add a supplemental brief. 

Because the council will look for legal arguments, such as misapplication of the law or errors in process, an attorney should really be involved at this stage.  The council will be less interested in questioning the facts of your case as long as there is a legal basis for the judge’s decision unless there is a significant factual error not supported by the evidence. 

If you want to succeed in your claim with the Social Security Disability Appeals Council, do not wait until you are denied at a hearing to hire an attorney. A Denver Social Security Disability lawyer present your case to a judge in a professional, legally sound manner. 

Studies have shown that  working with an attorney for your disability claim has a much higher disability acceptance rate than going on without one. Clawson & Clawson attorneys are experienced in handing disability claims and will give you a much better shot at getting accepted by the DDS, not to mention also taking care of the tedious paperwork. Contact us for a quick consultation.

Divorce Grounds in Colorado Springs

Colorado law with regard to divorce hasn't always been what it is now. In earlier versions of the law, there was a tendency to fix the cause or the blame for the divorce on one spouse or the other. For example, one spouse may have been excessively cruel or could be a "habitual drunkard" and so on and so forth. The modern form of the law however, recognizes the realities of marriage and accepts the fact that surface appearances belie the complications of a situation and has modified the grounds for divorce in Colorado.

A better understanding of marriage conditions pushed through changes that have become the revised statutes today. Divorce proceedings no longer attempt  to fix the blame on any one spouse, but are "no fault" in nature. The only grounds for divorce now is "Irretrievable breakdown" as laid forth in Title 14, Article 10, Section 102 of the Colorado Revised Statutes.

Arriving at Irretrievable Breakdown

The easiest way for a court to arrive at a finding of irretrievable breakdown is for both the parties to swear under oath that the marriage is indeed beyond redemption. Such a finding can also be arrived at if one of the spouses claims a broken marriage and the other does not deny it. In such cases, the court will make a finding of Irretrievable breakdown after an initial hearing.

Things get a little more complex if one of the spouses denies the breakdown. In such a case, the court must inquire what prompted the first party to make such a claim. At its discretion, the court will either make a finding of irretrievable breakdown then and there, or post the matter for further hearing which must take place at least thirty days later. The court may also suggest that the two parties attend counseling sessions. At the next hearing, the court will determine whether the marriage has broken down or not.

Role of a Colorado Divorce Attorney

A Colorado divorce attorney will help you represent the facts of your divorce in a way that brings you the most benefit. At Clawson & Clawson, we treat each case with the care and detail it deserves and take the burden of the court proceedings and filings out of your hands. You have enough on your plate to worry about without undergoing further hassles. Contact us for a consultation and rest assured that you're in good hands.

Colorado Divorce vs Legal Separation

The term "separated" has become common throughout the State of Colorado as a euphamism for married couples who have agreed to stay apart for a while. While this is not a rare occurrence, not many know that there is a provision in the Colorado Revised Statutes which allows married couples to be legally separated and still remain married.

There are subtle differences between legal separation and divorce, and we examine a few of them below. A divorce attorney can explain the subtelties in greater detail however.

Legal separation is similar to divorce in almost every way except for the fact that you're still considered married. Probably the most common reasons for couples to choose legal separation are due to religious or moral considerations. Many faiths hold a divorce as something to be assiduously avoided and there might be significant family pressure to avoid one as well. In addition, the nature of the phrase "separated" is less threatening and final than "divorce".

It's also true that most legal separations end in divorce and since many of the issues involved are the same as those discussed during a divorce hearing, it's not at all unusual for the terms of the divorce to follow along the same lines as the decree of legal separation.

Since the parties are still technically married, the duration of legal separation is counted when it comes to deciding the number of years spent together. This can be important for issues such as determining social security rules or the division of military retirement benefits during divorce. Legal separation also keeps intact inheritance rights. However, this can be superseded by a clause to the contrary if inserted into the final separation decree. And finally, the two parties cannot remarry - a consequence of the fact that the original marriage still holds.

Apart from the above differences, legal separation is no different from divorce. Issues such as child custody, spousal maintenance and visitation rights must all be addressed just as in a divorce proceeding. In addition the division of property must take place as well and collective debt incurred must be apportioned to the two parties.

Obtaining a Colorado Divorce Attorney

Since the paperwork for legal separation is almost the same as that for divorce, you need a competent divorce attorney to help you navigate your way through the maze of legal intricacies. Remember - any decree for legal separation is likely to be carried forward in case of a divorce, and so it's in your best interests to get it right. The consequences of not doing so can haunt you for the rest of your life. Contact a Clawson & Clawson attorney now!