Bradford Publishing Blog | Colorado Law Articles & Topics

The decision to hire an attorney depends upon assessing the situation — and then being honest with yourself about your ability to handle the matter on your own.

First, always consult an attorney for:

•    Criminal charges
•    If you are sued
•    Bankruptcy
•    Employment issues (whether you are a business or an employee)
•    Personal injuries
•    Entering a franchise agreement
•    Selling a business, or bringing new owners into a business.

Individuals may effectively handle family law matters, business transactions, estate planning, and tax issues. However, one has to consider the costs of time and expertise when deciding to act without an attorney.

Advantages of handling a legal issue yourself:
•    There are Court-approved forms and books to help you.
•    You can move quickly, not waiting for an attorney to get to your matter.
•    You save money by not hiring an attorney.

Disadvantages of handling a legal issue yourself: Continue reading “Should I Hire an Attorney for My Legal Issue?” »

It’s over! The 2013 Colorado Legislative Session ended May 8th. Here are a few of the bills we’ve been tracking . . .

1.    Civil Unions are now legal in Colorado. Watch for changes to the family law, probate and other forms.

2.    Probate

•    SB13-077 , the Probate Omnibus Bill, sponsored by the Colorado Bar Association’s Legislative Committee, updates and clarifies provisions of the Colorado Probate Code.

3.    Family Law

•    HB13-1058  creates a process, including guidelines as to the amount and term, for determining spousal maintenance in proceedings for divorce, legal separation or declaration of invalidity filed on or after January 1, 2014.

•    HB13-1204  enacts the “Uniform Premarital and Marital Agreements Act” (Act). The bill describes the formation of premarital and marital agreements, when such agreements are effective, provisions that are unenforceable in premarital or marital agreements, and when an agreement is enforceable. Applies to agreements signed on or after July 1, 2014.

•    HB13-1209  makes several changes to portions of the Uniform Dissolution of Marriage Act relating to child support obligations and how it is calculated, effective January 1, 2014.

4.    HOA bills:

•    SB13-126 prohibits a landlord or the unit owners’ association of a common interest community from preventing a tenant or unit owner from installing an electric vehicle charging system on property owned or exclusively controlled by the tenant or unit owner, at the tenant’s or unit owner’s expense.

It also allows grants to be made from the electric vehicle grant fund to landlords of multi-family apartment buildings and the unit owners’ associations of common interest communities to install recharging stations for electric vehicles.

•    In addition to amending the annual registration provisions, HB13-1134 empowers the HOA Information and Resource Center that was created in 2010 to compile a database of registered unit owners’ associations, assist in preparation of educational and reference materials, and to provide information on the Division of Real Estate’s website.

•   HB13-1276  requires the unit owners’ association of a common interest community (HOA) or a holder or assignee of the HOA’s debt to adopt, and comply with, a policy regarding the collection of delinquent assessments and other past-due amounts from unit owners. The unit owner must be offered a one-time opportunity to enter into a 6-month payment plan. The HOA or a holder or assignee of the HOA’s lien is prohibited from foreclosing its lien for past-due assessments unless the total amount is at least equal to 6 months of regular assessments. Section 3 of the bill specifies the terms and conditions of the repayment plan that must be offered.

•    HB13-1277  requires any person who manages the affairs of a common interest community on behalf of an HOA for compensation, on or after July 1, 2015, to meet minimum qualifications and obtain a license from the director of the division of real estate in the department of regulatory agencies. Licensees are identified as “community association managers”.

Beginning Wednesday, May 1, couples, regardless of gender, can enter into Civil Unions in Colorado. This means big changes for same sex couples. Denver attorney and author, Kim Willoughby, in an interview on CRP.org discussed some of the changes and benefits of the new law.

Change: Break up Rules

Ironically, one of the biggest benefits of the new Civil Unions law is that it establishes the legal framework for terminating the relationship.

Breakups are often messy and difficult, but for same sex couples in Colorado it has been especially difficult.  Prior to the Civil Unions law, Colorado did not recognize same sex relationships and therefore there was no way for same sex couples to use the courts to legally terminate their relationship.  Kim talked about clients who have come to her for help terminating their civil union or same sex marriage from another State.  Some couples had children, property, and debts together and needed a way to separate everything. Unfortunately, up until now there wasn’t much an attorney could do for these couples.  Since the Colorado Constitution does not recognize these relationships, no judge could issue a piece of paper saying the relationship was legally terminated. Kim advised that it was actually best to stay out of court, which made the decision to end a relationship more uncertain and very expensive.

Now, Colorado couples in a civil union will follow the same rules as married couples if they choose to end their relationship, whether by divorce or legal separation.

Benefit: Protection of Children

Same sex couples have had a difficult time protecting their individual rights as parents and their children’s rights.  In the past when same sex couples had children together they needed to get a second-parent adoption to fully establish both parent’s rights. This is an expensive and time consuming process and sometimes courts wouldn’t grant the adoption.  Kim informs us in her interview that now babies born to couples in a civil union are automatically presumed to be the child of both parents.

Kim Willoughby also discusses insurance benefits and the difference between civil unions and marriage. Go to CPR.org, Colorado Matters to listen to this interview. “Same-Sex Couples Can Expect Fewer Legal Tangles Under Civil Unions”

Who may file for divorce in Colorado?
In order for you to obtain a Colorado divorce or legal separation, one of you must be a Colorado resident for at least 91 days before filing your first papers with the court. Obtaining a Colorado driver’s license or Registering to Vote in Colorado indicates your intention to make Colorado your home.

When to file for divorce or legal separation
There are many factors to keep in mind when deciding when to file your petition.

•    Where each person is in the grief process and their readiness to proceed.
•    If you have children, where they are in the school year can be a factor.
•    If there is concern about either of you running up debt or spending assets, sooner can be better.
•    Tax status. Your tax status changes in the year of your decree. So you may want to file sooner as joint taxpayers, if it will save significant money.
All of this is a personal choice.

What happens when you file your Petition?
When you file your Petition, the court will issue a Case Management Order to you both. The court will assign your case to a Magistrate or Judge, and to a Family Court Facilitator or other person in the court who will facilitate and manage your case through the court process. Case Management Orders vary from court to court, but they all detail the things you must do and deadlines by which they must be done. Here are some examples:

•    Exchange certain documents and papers, called Mandatory Disclosures. This must be done within 42 days of filing the Petition.
•    Attend an initial status conference within 42 days of filing the Petition.
•    Attend parenting classes if you have children.
•    Possible mediation if you can’t resolve issues.
•    File your Sworn Financial Statements with the court within the correct time frame.

Where to file
Divorces take place in the state court, as opposed to federal or municipal court. The divorce or legal separation should be filed and heard in the district court of the County where your marital home was, or is. Technically, you can file in any district court in Colorado, but that may cause a delay and more work if court administrators decide to move the filings. It’s best if the two of you agree on which district you will use before you file. You may pick the court that is most convenient for both of you.  If your divorce remains friendly and cooperative, you won’t have to spend much time in court anyway.

For more information about doing your own divorce in Colorado, check out the “Friendly Divorce Guidebook ” by M. Arden Hauer MA, JD

The time when parents begin living apart is one of the most stressful for children. Their worst fear is of losing a parent. They need both parents to stay actively involved in their lives at this time. Children will adjust better when their parents work together to make a smooth transition. With this in mind, it is best to tackle the task of splitting up the decision-making duties as soon as possible. It may be easiest if you separate decisions in two categories; day-to-day decisions and major decisions. Day-to-day decisions such as menus, schedules, bed times, transportation are generally made by the parent who has the children at the time. It is the major decisions that should be sorted out. 

The divorce statute suggests that the major decisions include “the health, education, and general welfare of the child.” Most divorcing parents find this definition too inclusive. It is important that the two of you evolve your own more specific list of decisions which you agree you must share during this interim period. Some examples are: Continue reading “Colorado Divorce: Who Makes What Decisions About The Children” »

A lot of people see our Friendly Divorce Guidebook and laugh. How could there be such a thing as a friendly divorce they ask?  Well, there is and it’s becoming more common today than you might think.  Divorce is an incredibly difficult time in a person’s life, but there are ways to get through it amicably and more people today are able to go that route. A recent blog post by Margaret Klaw, featured in the Huffington Post, discusses how the culture of divorce is shifting in tune with the times.  There are more divorces happening today that do not leave all parties completely traumatized. The interest of the children is the principal concern and couples see the benefit of remaining friends.

Read the full article to find out if you’re headed in that direction. http://www.huffingtonpost.com/margaret-klaw/the-good-divorce

If you are, then you will find that our “Friendly Divorce Guidebook” gives a separating couple all the tools to sort things out fairly while remaining friendly. The book addresses everything from taking care of yourself, to splitting assets and debts, to telling your children about the separation, to dealing with taxes, filling out divorce forms and how to file.

For most people, emotions during divorce follow a typical pattern. The timing of each phase differs, but everyone goes through all of them.

One: The Crisis. This is the critical time when the relationship is coming apart, either one of you leaves and decides it’s over, or you both leave. This recognition may be felt and experienced by one spouse far before the other.

Two: The Reaction. This is when you’re reacting to the initial crisis, and your life feels just “crazy.”  This phase usually extends for several months, or maybe even a year or two. In this stage, you are grieving – the end of the relationship, the end of your hopes and dreams for the relationship, even the end of your contact with your loved one. Grief, at this stage, can show up as a feeling of loneliness, difficulty concentrating, or a sense of being weak and helpless. Continue reading “The Emotional Stages of Divorce” »

What is medical marijuana? How do I get a medical marijuana card in Colorado? What are the rules about Colorado dispensaries, and how do they operate under the Colorado Medical Marijuana Code?

Our newest book, “Colorado Medical Marijuana Law,” answers these questions and much more in first-ever legal handbook about medical marijuana in Colorado.

Since its passage into law, Colorado’s medical marijuana statute has been contested and controversial. Media stories have caused confusion among patients and the many professionals who must understand the law to succeed in their businesses.

“Colorado Medical Marijuana Law” starts by focusing on Colorado’s historic legislation. Then it continues to a thorough analysis of how the law and the medical marijuana industry affect other areas of law, such as land use, the medical profession, business structures, contracts, taxation and government. Continue reading “Colorado Medical Marijuana Law Explained At Last” »

If you have children and you’re considering divorce, you’ll be especially concerned that they thrive as you move on from your marriage. You’ll also need to develop a parenting plan with your soon-to-be ex. As you write the plan, consider these commonly held cultural misunderstandings, and the realities they cover up.

Myth: Divorce always hurts children.

Reality:  The truth, shown by extensive research, is that divorce does not necessarily hurt children.  What does hurt them is ongoing hostilities between their parents and loss of contact with one of the parents, regardless of whether there is divorce.

Myth: Children, especially very young ones, must be with their mothers. Continue reading “Is Divorce Always Bad for Children?” »

Before you formally divorce in Colorado, you need to write a divorce plan, or separation agreement, that tackles all the “stuff” you accumulated in the marriage. A separation agreement is a typed document that sets out how you and your soon-to-be ex will divide your assets and debts, take care of your children and deal with child support or maintenance.  As you start sorting through your affairs to write this agreement, or divorce plan, you may fall for common misperceptions about what’s fair, what’s yours and what you should do.

Myth: We have to divide our assets equally. That’s the law.

Reality:  Nowhere is it written in Colorado that your marital assets must be divided equally.  The word used in the statute is equitable, which means fair.

Myth: If we can’t agree on the value of our assets, we can’t agree on anything and we’ll never be able to settle.

Reality: This is not true.  You may elect to divide anything and everything without regard to monetary value.  There are many kinds of value: money is only one of them. You are only required to divide your assets equitably, or in a fair manner.

Myth: How we divide the retirement plan is up to us. Continue reading “Myths and Realities About Separating Money in a Colorado Divorce” »