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Showing posts with label Colorado. Show all posts
Showing posts with label Colorado. Show all posts

Wednesday, September 21, 2011

CASA in the News

DCG attorney Loren Brown and other volunteers who work with CASA (Court Appointed Special Advocates) of Adams and Broomfield Counties were featured in The Denver Post. The article talks about the great work the board is doing… read the full article here. Congrats Loren and thanks for your continued volunteer work in the community.

Tuesday, June 21, 2011

Family Law – Overview of Divorce (Part 2/4)

Phase 2- Discovery/Waiting Period: After you have filed for divorce or been served with the Petition, it is time to prepare your Sworn Financial Statement. Both parties are required to report their income, assets, debts, expenses, and provide all supporting documentation. These forms are due 20 days after the Response has been filed, or, if no Response was filed, 40 days after the Petition was filed. After all financials have been disclosed, the parties (and/or attorneys) should address the major issues in the case. Often the issues to be addressed include a) property distribution; b) maintenance or spousal support; c) child support; and/or d) allocation of parental responsibilities, which includes parenting time and decision-making. If these issues cannot be resolved on a permanent or temporary basis, the parties can request a Temporary Orders Hearing, where the Magistrate or Judge will hold a brief hearing on the time-sensitive issues, and make a temporary order that will last until Permanent Orders, or final resolution. Additionally, during this time the parties may choose to engage in discovery. Discovery is the process in which a party requests additional documentation and/or specific answers to questions (called interrogatories). During this time you may engage in numerous settlement negotiations and attempt to resolve the case without going to court. This may include attending mediation and/or settlement conferences. This period of time usually lasts between 3-12 months.

Monday, June 20, 2011

Family Law – Overview of Divorce (Part 1/4)

Overview of the Divorce Process in Colorado

    So you are considering divorce in Colorado and want to know more about the process? This blog post offers a general overview of the process and anticipated timeline that you might expect when navigating through the courts in Colorado. Before going forward, we need to offer the following disclaimer: Keep in mind that many issues arise that are case specific and may affect your particular case in a different manner. Your case might be much more complicated, and require more judicial intervention than is typically proscribed. As such, it is recommended that you seek the advice of an attorney regarding your particular circumstances.

     Generally, the process can be broken down into four phases:

  1. Phase 1- Beginning the Process: To initiate a divorce proceeding one of the parties will need to file a Petition for Dissolution of Marriage. Legally speaking, you are asking the Court to break an existing contract between you and your spouse in an equitable manner. The party who files the Petition is known as the "Petitioner." If both parties file the Petition together, they are considered "Co-Petitioners." However, filing the Petition is not enough for the Court to recognize that a divorce proceeding has begun. If the Petitioner files the Petition on his or her own, he or she will need to effectively serve his or her spouse with the Petition. Service can be achieved by having a process server physically serve the party, serving the other party's attorney, or having the other party sign a "Waiver of Service" in front of a notary, acknowledging acceptance of the Petition. Once the Petition has been filed, and the other Party (known as the "Respondent") has been served, the Respondent should file a Response to the Petition. Generally, the Response is due to the Court 20 days after being served with the Petition (or 30 if the Respondent is outside the State of Colorado). Once the Court has accepted these filings, they will contact you with a date for your Initial Status Conference. This is the court date where the Judge, Magistrate, Court Clerk, or Facilitator will give you a road map and timeline for your entire case. If you have questions about the process, this is the time to ask them.