Legal Separation Colorado Springs, declaration of invalidity - aka annulment, allocation of parental responsibilities - fka child custody, parenting time - fka visitation, spousal maintenance - fka alimony, child support enforcement, property division, debt allocation, domestic abuse restraining orders and domestic violence criminal defense. Colorado Springs.

        It exists in Colorado.  If you are common law married, to lawfully resolve the marriage you must file for legal separation or dissolution of marriage.  The marriage is as lawful as if you had become married before a minister, judge or magistrate.  Please refer to the Common Law Marriage page for more detailed information.

AVAILABLE RELIEF - DIFFERENCES

ANNULMENT DECLARATION OF INVALIDITY   CRS 14-10-111    statute may have been amended since published here STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes           Annulment means the marriage never existed - it is now called declaration of invalidity.  This can be obtained only with very special facts, such as bigamy (concurrent multiple marriages), incest (marriage to a relative), fraud, duress (shotgun wedding) or surprise inability to consummate the marriage (sex).  Short duration (hours, days, weeks or months) is insufficient in and of itself in Colorado.  Most marriages do not qualify.           The most common reasons to seek declaration of invalidity would be:     1.  Spousal maintenance, fka alimony is the most likely reason.  A party was a recipient of a former spousal maintenance order in another family law case involving a third party obligor.  If this marriage existed, the fact of subsequent marriage would likely terminate the former spousal maintenance order.  If the pending "marriage" is declared invalid, the former spousal maintenance order remains in full force and effect because the court has declared that the pending "marriage" never lawfully existed.     2.  Religious reasons.     3.  A party simply wishes to be able to say he or she has never been married, or not count this "marriage" when computing number of former marriages.           If children were conceived or born during the relationship, the court would address the issues of parental responsibilities allocation and parenting time (custody and visitation) and child support.  The court would also enter orders regarding mutually acquired property and debt.           Many persons have inquired through the years and expressed a desire to annul the marriage.  The statute which sets forth the grounds for declaration of invalidity is linked above.  Up to date Colorado Revised Statutes (CRS) are available on-line (refer to link) or are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books   DOES MY MARRIAGE QUALIFY FOR ANNULMENT ? If you hope to annul your marriage, read the above linked statute to determine whether grounds exist to invalidate your marriage.  If a reason exists which meets statutory criteria, you may proceed with declaration of invalidity.  If you do not fit one of the statutory reasons which would support a petition for declaration of invalidity, your marriage does not qualify and legal separation or dissolution of marriage is your recourse.   ************************* *************************   LEGAL SEPARATION           Where a lawful marriage existed, and the parties desire to keep the umbilical cord of the marital legal relation but live apart and deal separately with property and debt, the parties may file for legal separation.  After entry of decree of legal separation, the parties remain lawfully married, however are otherwise similar to single persons in their contractual dealings and property ownership.           The most common reasons to seek legal separation would be:     1.  Health insurance or military benefits is the most likely reason.  If a spouse has a medical condition which would preclude procurement of a new insurance policy and the condition will outlast legal rights for temporary continued coverage, legal separation is the answer.  Due to the fact the marriage legal relation remains, an insurable interest remains under the other spouse's insurance policy.     2.  Religious reasons.     3.  For whatever family or personal reasons, a party simply wishes to avoid dissolution of marriage and severance of the marital relation.           The procedures to obtain a legal separation are very similar to divorce.  The major difference is that the legal bond of marriage is not severed.  Six (6) months after decree of legal separation entry, either party may convert to it dissolution of marriage.  CRS 14-10-120           In actions for legal separation or for dissolution of marriage, issues of property division, child custody, child support, and spousal maintenance must be considered with equal finality. CRS §§ 14-10-113 (property), 14-10-114 (maintenance), 14-10-115 (child support), 14-10-123(1)(a)(I) (child custody).  Indeed, a decree of legal separation may be converted to a decree of dissolution of marriage on motion of either party, with notice to the other, six months following the entry of the decree of legal separation. CRS 14-10-102(2), In re the Marriage of Popack, 998 P.2d 464, 466 - 467 (Colo. App. 2000)           Remarriage to another person is obviously not an option while a person remains lawfully married under a decree of legal separation. I generally advise against legal separation unless there is a good reason, such as a medical condition that requires continued medical care and medical benefits are available that will be lost in a divorce, or perhaps for religious reasons.  Legal separation may be setting up subsequent additional lawyer fees and court fights.  Consult an attorney before filing for legal separation.   ************************* *************************   DIVORCE - DISSOLUTION OF MARRIAGE           In most circumstances when a marriage comes to an end, the parties file for divorce to terminate the marriage and their legal relationship.  In Colorado, that is called dissolution of marriage.  This lawfully ends the legal relationship between the parties.   ************************* *************************   TOPICAL WEBSITE           This website is devoted to legal separation.  Please refer to my primary website dissolution of marriage page for information regarding other relief.

LEGAL SEPARATION   DOMICILE LEGAL RESIDENCE STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        Either the husband or wife must be a legal resident of Colorado for at least 90 days before you can file for legal separation.  Legal residency, called domicile, is not the same as simply living here.  A person acquires legal residence by having significant contacts with the state.  One party must intend to permanently reside here, or return here after all travels are done.  Some of the objective indicators are: Colorado driver's license, Colorado automobile registration, paying Colorado state income taxes, registration to vote in Colorado, banking in Colorado, & home ownership or having executed a lease.  

        In Lyons v. Eagan, 110 Colo. 227, 132 P.2d 774, the Colorado Supreme Court quoted with approval from Rapaljae & Lawrence's Dictionary the following: "The distinction between mere residence and domicile must be borne in mind.  The former is used in law to denote that a person dwells in a given place; the latter is the legal home of a person, or that place where the law presumes that he has the intention of permanently residing although he may be absent from it."  Put simply, the concept is "ET Phone Home - Hooome."

        Legal residence is required.  If neither the husband nor the wife are a Colorado legal resident, Colorado courts do not have the power to grant a legal separation.  If you are not a Colorado legal resident and have no intention of becoming a Colorado legal resident, you must seek a legal separation in your home state.

        To be a Colorado legal resident, military personnel must claim Colorado as their home of record.  If Colorado is not presently the home of record, Form DD-2058 affidavit of residency may be found at a military finance office or refer to above link for PDF file.  Free Acrobat Reader Download  The form must be filed with the military finance office to cause Colorado state income taxes to be withheld.

        I have had military clients inquire whether they could file the Form DD-2058, temporarily claim Colorado as the home of record while the dissolution of marriage or legal separation case is pending, then switch back to a state which has no state income tax.  NO. That will jeopardize the court's jurisdiction and validity of the decree.  I will not participate in subterfuge.

LEGAL SEPARATION   LEGAL TERMS  CRS 14-10-103 STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Alimony is called spousal maintenance Annulment is called declaration of invalidity Custody is called allocation of parental responsibilities   Divorce is called dissolution of marriage I frequently use the term divorce because that's the familiar term Separation is called legal separation Visitation has been incorporated into the concept of parenting time These are merely labels - a psychological attempt to take some of the conflict out of family law proceedings. don't let labels confuse or scare you Attorney Fees & Costs Attorney Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

LEGAL SEPARATION   LEGAL GROUNDS FOR DISSOLUTION OF MARRIAGE STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        The only grounds in Colorado are incompatibility; we are a no fault state. CRS 14-10-106   The term used in your case will be that the marriage is irretrievably broken.  In other words, you can't patch up the marriage, even with counseling.  You need not and will not be allowed to tell the court the "bad things" your spouse has done. Under Colorado law, fault is not admissible except in very limited circumstances in disputes involving children.

        The name of a third party having an affair with you or your spouse is not admissible. Naming a third party in a legal separation is a misdemeanor (crime) punishable by a $1,000 maximum fine and or 90 days maximum jail. 

        Breach of contract to marry, alienation of affection, criminal conversation and seduction (adultery lawsuits) are not possible in Colorado. Even threatening to bring an adultery civil lawsuit is a crime punishable as indicated above. CRS 13-20-201, et. seq.
        CRS 13-20-201 - Legislative Declaration
        CRS 13-20-202 - Civil Causes Abolished - "Heart Balm" Statute
                 breach of promise to marry, alienation of affections, criminal conversation & seduction
        CRS 13-20-203 - Breach of Contract to Marry not Actionable - "Heart Balm" Statute
        CRS 13-20-204 - Contracts Made in Settlement of Claims Void - "Heart Balm" Statute
        CRS 13-20-205 - Unlawful to File Pleadings - "Heart Balm" Statute
        CRS 13-20-206 - Unlawful to Name Co-Respondent
        CRS 13-20-207 - Co-Respondent Disclosure Prohibited in Testimony
        CRS 13-20-208 - Penalty - $1,000 Fine and/or 90 Days Jail

LEGAL SEPARATION   PROCEDURE   e-Filing availability and court mandatory requirements STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        One of you will file a petition asking the court to dissolve the marriage and decide the issues of parental responsibility allocation, parenting time, child support, spousal maintenance, division of property and division of debt.  That person will be called the petitioner. 

        The petition and a summons will be served upon your spouse.  The summons merely tells your spouse he or she is being sued for legal separation.  Service means that the papers will be handed to your spouse, or perhaps published in the newspaper under limited circumstances.  Due process (fairness) requires you to inform your spouse that you are requesting a legal separation.  Service of process on an average costs between $35 and $50, but can vary.  If your spouse is willing to sign a paper saying he or she received the legal documents, you can use the mail and there is no charge for service of process.  That is called waiver and acceptance of service of process.  Spouses usually don't sign; I don't recommend attempting waiver of service.

        The person who is sued will be called the respondent.  He or she is required to file a response with the court.  Other than the difference in the filing fee, it does not matter who is the petitioner and who is the respondent.  It is not a race to the courthouse.

        After filing and service of process on the respondent, by law there is a mandatory 90 day waiting period before the legal separation can be finalized.  This is a cooling off period.  CRS 14-10-106

        Upon commencement of the lawsuit, the following injunction enters automatically by operation of law.  CRS 14-10-107

AUTOMATIC TEMPORARY INJUNCTION - BY ORDER OF COURT, YOU AND YOUR SPOUSE ARE:

1. Restrained from transferring, encumbering, concealing, or in any way disposing, without the consent of the other party or an order of the Court, of any marital property, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the injunction is in effect;

2. Enjoined from molesting or disturbing the peace of the other party; and

3. Restrained from removing the minor child or children of the parties, if any, from the State of Colorado without the consent of the other party or an order of the Court.

4. Restrained without at least fourteen days advance notification and the written consent of the other party or an Order of the Court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner's or renter's insurance, or automobile insurance that provides coverage to either of the parties or the minor children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.

        If the facts warrant, the court may grant a request to actually impound assets or money and take them out of the control of yourself or your spouse.

        If you have children, in El Paso County both the husband and wife will be ordered to attend one parenting class during which a video will be shown.  You need not attend together.  It does not matter whether you agree on all issues regarding the children or not; the parenting class is mandatory before final decree enters.

        In the filing fee, Petitioner pays the cost for both parties ($40 total - $20 each)  
        Attorneys and mental health professionals appear to answer questions.  Their time is volunteered without compensation and they will not accept referrals from the class.  Professionals don't contribute to your expense in this mandatory class but will offer assistance through the end of the program.
        Refer to the Self Help Clinics page for information regarding parenting class dates, times and location.

        You may have a temporary orders hearing, at which time the judge will allocate parental responsibility and enter orders regarding parenting time, child support, spousal maintenance, and who may use property or must pay debt temporarily while the case is in progress until final orders are entered.  That hearing is frequently about 2-4 weeks after filing.  The court's docket will determine how soon the hearing can be held after filing.

        The attorney will try to settle your case during the 90 day waiting period.  If agreements can be reached with your spouse, the attorney will prepare a detailed written agreement.  That agreement will eventually become part of the final decree (order).

        If a written settlement agreement has been made and filed:
        Children involved:
            Attorneys have entered appearance for both husband and wife:
                Court appearance is not required to finalize - decree may be taken by affidavit
            Only one party or neither party has legal counsel:
                Court appearance is required to finalize - a very brief hearing is held
        Children are not involved:
            Court appearance is not required to finalize - decree may be taken by affidavit 
            Whether either party or neither has an attorney is irrelevant - affidavit by decree is available

        If the parties can not agree, the case will enter the contested phases of the lawsuit.  This may include child custody evaluations, psychological evaluations in child dispute cases, or real estate or personal property appraisals and mediation.  Each party may be required to produce copies of billings, canceled checks, bank statements, pension or other financial documents.  Each party is required to file a detailed financial affidavit.  A disclosure certificate must be filed with the court reflecting that each have provided numerous financial documents to the other.

        It is possible that depositions will be taken.  That means questioning under oath in front of a court reporter who records all statements. Interrogatories may also be used. Interrogatories are written questions which must be answered in writing under oath.  In the discovery phase of the case, both parties have the opportunity to learn almost anything he / she wants to know to prepare his / her case.  The days of Perry Mason and surprises in court are gone.  Discovery is frequently expensive - cost can be reduced if both parties are open and voluntarily exchange financial documents.

        If the parties can't settle and must set court hearings, mediation is required before setting a contested final hearing.   For additional information, refer to the Mediation & Arbitration page of my primary website.

        Before temporary or final orders hearings, most judges require a pre-trial statement - a written statement which advises the court of agreements, contested matters, facts and law, parenting plan and other disposition requested by each party.  Counsel may attend a pre-trial or status conference in chambers at which time each side advises the judge what of agreements, disputes and issues - what the court fight will be about.  Some judges do not allow the parties into chambers during a pre-trial conference, others require the parties to be present.

        Any legal separation may be involuntarily set into the Dignity non-adversarial settlement and case management program emphasizing cooperation, disclosure and informal settlement.  The parties and attorneys meet with the judge in chambers 2-3 times over a 90-120 day period, commencing about 30 days after a petition is filed.  The court hopes an agreement and a decree are completed during that period.  A non-appearance affidavit is used to formalize the decree.  Parties with children are still required to go to the parent education class but no party is required to attend mediation.  The judge will set initial and subsequent conferences.  The initial conference may be used to adopt temporary orders.  Full financial affidavits are required.  Unless authorized by the judge, no motions may be filed.  Only one court-appointed expert on any contested issue is allowed. No formal discovery is authorized.

        After final hearing, if a litigant does not like the judge's decision, appeal must be filed in the Court of Appeals. Generally, a party can not state he / she does not like the ruling & ask for a new ruling or judge.

        If the parties can reach agreements, a legal separation can generally be completed in about 4 months from start to finish.  If the parties can not agree, it may take as long as 1 - 2 years.  Tell your attorney if you have plans to marry another in the near future, if the wife in the present marriage is pregnant, or if either alleges the husband is not the father of a child.

        Once a response has been filed, the case may not be dismissed (thrown out) unless both parties agree.  If both agree, the case may be dismissed at any time until the final orders have been entered.  If one party wants the decree, the other can not stop it.  Either may ask for court ordered marital counseling, but it probably will not be ordered if the other simply states the marriage can not be saved; he or she does not desire counseling.

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Separation Overview Page Top

        Effective January 1, 2005 Colorado Rule of Civil Procedure C.R.Civ.P. 16.2 was adopted which provides for mandatory disclosure (discovery), limited motion practice and case management by the court.  Judges and magistrates are serious about Rule 16.2 obligations and judicial case management.  Once the case is filed, be prepared to disclose documentation and move the case forward in a timely fashion.  Refer to the above link to view the rule - it applies to the initial case and post decree matters.

        To assist in rapid case preparation, fact sheets have been made available on-line.  Open file password is given to a client or sent via email once retained.  Counsel asks clients to invest significant effort at commencement of representation to provide an understanding of the relevant facts and documents which must be disclosed.  Judicial case management has removed any dilly dallying - timely case preparation is now obligatory to avoid sanctions.

        If removal of the spouse from the marital home is necessary, court orders may be obtained, and done without prior notice under some circumstances.  However, it is preferable to work out the residence without court orders.

        There is no pleasant or enjoyable way to physically separate.  If necessary, either party may hire an off duty police officer to be present and keep the peace while household goods are being physically moved.  You may attempt to hire an off duty law enforcement officer by calling the Colorado Springs Police Department or the El Paso County Sheriff's Office.  No officer will participate in deciding who may take or keep individual items, the officer will merely keep the peace.  Plan on $50+ minimum.  To provide for an efficient and rapid move, make certain sufficient manpower, truck space, dollies, pads, etc. have been arranged in advance.

        The court previously decided legal custody (decision making), physical child custody (where a child lived) and visitation ( the schedule upon which the non-custodial parent was entitled to see a child) based upon the best interest of the children.  In effort to eliminate the idea that children are items to be awarded in a legal separation, terminology has changed.  Custody and visitation no longer exist in Colorado except as is required for tax exemptions.  CRS 14-10-131.7  Refer to allocation of parental responsibilities and parenting time below.

LEGAL SEPARATION   ALLOCATION OF PARENTAL RESPONSIBILITIES and PARENTING TIME fka CHILD CUSTODY & VISITATION STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

Allocation of parental responsibilities  CRS 14-10-124

        Decision making for children remains an issue for the court to rule upon.  That is now called allocation of parental responsibilities.  The court addresses day to day decision making, as well as major decisions such as religion, medical care, education and general welfare issue which affect a child.

        Major decision making may be ordered jointly, or by the parent with whom the child primarily resides.  Provision is also made for future dispute resolution, such as submission to mediation, arbitration, or request for the court to review the disputes.  The court may order joint decision making without agreement of the parties, even over each parties' objection.

Parenting time  CRS 14-10-124

        Parenting time encompasses court rulings regarding the children's primary residence and upon what schedule the other parent will have the children physically present with him or her.  The court continues to use the best interest of the child as the polestar.  CRS 14-10-123.4

        More emphasis is now placed on each parent assisting with children's obligations, such as homework, taking the children to activities, etc.  If possible, children should have liberal access to each parent - children have a right to know and love each parent.  Under limited circumstances, parenting time may be restricted or denied by the court if in a child's best interest.

        The court will consider denial of or failure to exercise parenting time in ruling upon decision making, primary physical residence and parenting time.

Parenting time enforcement.  CRS 14-10.5-104  The court may utilize:
        Mediation - both voluntary or mandatory
        Family counseling
        Parental education
        Development of parenting plans, including monitored parenting time, supervised parenting time, or neutral drop-off and pickup locations
        Court ordered parenting time guidelines
        Alternative arrangements with respect to parental responsibilities

Access to records.  
        CRS 14-10-123.8  Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.

"Custody battle" with significant other or extended family member.  
        If you are a caretaking parent, be aware of the possibility of a "custody fight" if you:
                permit your boyfriend or girlfriend to cohabitate for 6 months or longer
                place your child(ren) with family a family member or close friend for 6 months or longer
        Similar to the annulment statute, there has been great interest in this particular statute.  Colorado Revised Statutes (CRS) are available on-line (refer to link) or are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books.

Motion to modify - affidavit required. 
        A party seeking to modify a former order regarding custody or allocation parental responsibilities must submit an affidavit with the motion to modify.  Failure to do so will result in dismissal.  CRS 14-10-132

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Separation Overview Page Top

LEGAL SEPARATION   PREPARATION FOR COURT PROCEEDINGS REGARDING CHILDREN STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        Terminology sometimes appears confusing, however it may not seem so difficult when you understand the court will be ordering how major decisions affecting children will be made, and deciding separately who will be the primary caretaker for the children.

        Obtain a spiral notebook and keep brief notes regarding matters pertaining to the children, both agreements and disputes.  Date each entry, state only facts, not opinions, and make each entry brief.  Keep a record of parenting time requests, including dates & times, parenting time exercised, and relevant facts.  Your notes may be later used to refresh your recollection on the witness stand and will be used by the lawyer to prepare for hearings.  With notes, you may effectively rebut false claims of your spouse and you will have a record to build your case.

        Advise the attorney not only of favorable circumstances, but of facts which may be harmful to your case.  Allowing your attorney to be educated by opposing counsel in court is very damaging to your case.

        If you and your spouse are contemplating a "custody battle," seriously consider the matter in light of the effect it may have on your children.  Custody evaluation is likely and a guardian ad litem or special advocate may be appointed by the court to represent the best interests of your child(ren).  You must be prepared to commit substantial financial resources.

        Each party will be required to submit a written, detailed parenting plan.

        In every case where children are involved, this attorney recommends you consult a psychiatrist, psychologist or licensed social worker to learn more about what impact your family breakup will have on the children, and how to effectively cope.  Advance knowledge will likely assist you in neutralizing negative circumstances and minimizing injury to your children.

        Legal separation is a major life event, as is death of a loved one.  Do not feel stigmatized by seeking professional advice.  The fact you are inquiring into legal remedies indicates your marriage is in serous trouble, and perhaps your entire family structure.  Consulting a mental health professional is quite likely the best course of action you could take at this point.  If the children are exhibiting trauma or unusual behavior, by all means immediately consult a mental health professional.  As a governmentally subsidized agency, Pikes Peak Mental Heath bills fees on a sliding scale based upon income.  Many private therapists or counselors are also located in town.  You may not desire extended therapy, however don't hesitate to at least touch base, regardless of whether or not you have children.

LEGAL SEPARATION   CHILD SUPPORT AND RELATED EXPENSES CRS 14-10-115 STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        Hundreds or perhaps thousands of dollars may be at issue regarding any aspect of child support - any aspect may become a contest in any case.  Naturally, former litigants have taken support issues on appeal, and caselaw exists.

        If you have children, child support will be ordered by the court.  The legal separation child support statute is CRS 14-10-115 which sets forth criteria for establishing child support.  From the statute have sprung child support guidelines and  computation forms and tables (like tax forms) which will be used in setting child support, however the court may order a different amount if necessary to set a fair support figure.  The court will look at the ability of each parent to support and the needs of the children, including daycare expenses, health, hospitalization and medical insurance and deductible or non-covered medical expenses, continuing medical expenses, private school tuition if agreed or court ordered, post-secondary education or other financial circumstances relevant to your children.  Child support is not taxable income or deductible.  Issues to be addressed are deviation from guideline child support amount, relation back - retroactive child support, statutory interest, tax considerations and exemptions
        Refer to:
            1.  Hardcopy Legal Forms - local access to forms
            2.  Colorado Supreme Court Legal Forms - available by internet download
            3.  Colorado Supreme Court Child Support Guideline Computation Worksheets - on-line instructions & downloads or 
            4.  Child Support and Spousal Maintenance Software  (commercial site - cost involved & computer installation required)
            5.  Military and Civil Service Defense Employee Pay and Benefits - links to military and civil service defense employee pay and benefits.  This information is beneficial when an LES is not available to the spouse.
            6.  Colorado Revised Statutes (CRS) are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books.

        Up to 93 overnights, no support deduction is made for the obligation of the residential parent's child support obligation to the other parent. This computation is labeled Worksheet A - Child Support Obligation.

        Commencing at 93 overnights with the other parent, deduction is made for the obligation of the residential parent's child support obligation to the other parent.  This guideline computation is labeled Worksheet B - Child support Obligation - Shared Time. Depending on the actual contribution circumstances, even with 93 or more overnights, the court may use Worksheet A.

        If the parties have multiple children and one or more primarily reside with one parent while one or more children primarily reside with the other parent, two child support guidelines are calculated for the child(ren) with each respective parent, then set off to determine the net support owed by one parent to the other.

        Child support guideline computation worksheet labels do not affect the decision making process or scheduled overnights; they are merely mathematical computations.

        When computing the amount of child support, after born children not children of both parties will not be taken into consideration.  In later modifications, that means if either party has children born of a another relation subsequent to the child who is the subject of the support proceeding, no consideration will be given to the expense of raising or supporting those children, whether born in lawful wedlock or not.  CRS 14-10-115(7)(d.5)(1)

        Receipt of public assistance benefits must be reported at the time of filing the petition.  CRS 14-10-107.7  If public assistance is being received at present, it is important to obtain a support order as quickly as possible to limit potential liability of the obligor spouse.  If welfare has been received for a child, notice must be given to and it is likely the local governmental Child Support Enforcement Unit (CSE) will enter as a party in the case seeking reimbursement for current or past welfare expenditures.

        It is illegal to agree the "non-custodial" parent will not see the children in return for no payment of support. Do not attempt to pass this type of agreement by the court.

        Contest may arise regarding issues such as reasonableness of daycare, unemployment or underemployment and imputed income, tax exemption, health insurance and on-going medical deductible or non-covered expenses.  Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem.  Significant amounts of money can be involved.

        Current child support may be enforced by income assignment.  With this remedy, the obligor's employer deducts child support or spousal maintenance from the obligor's paycheck each payday and sends direct to the District Court Registry Fund or the statewide Family Support Registry.  This assures current payment so long as the obligor remains employed.  If one party requests an income assignment, it must be automatically granted pursuant to statute.  CRS14-14-111.5(2)(f)  The fund utilized depends upon the type of support (child support or spousal maintenance) and whether support is ordered in a dissolution of marriage / legal separation case or paternity case.

Health, Hospitalization and Medical Insurance  

        Insurance Required. In child support orders issued pursuant to the divorce and legal separation child support statute (CRS 14-10-115) the court is required to provide for the child(ren)'s current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. At the same time, the court is required to order payment of medical insurance or medical and dental insurance deductibles and co-payments. Payment of a premium to provide health insurance coverage on behalf of the children subject to the order is to be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.

        Insurance Cost Excessive - Requirement Abated.  Where the application of the premium payment on the child support guidelines results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance.  The parent shall, however, be required to provide insurance when it does become available at a reasonable cost.

        Insurance Assignment.  
        CRS 14-14-112 requires that in all orders which direct the obligor to provide health insurance for any child, the court shall include a provision directing the obligor's employer to enroll such child in the health insurance plan and to deduct from the wages due the obligor an amount sufficient to provide for premiums for health insurance when such insurance is offered by the employer. 
        19-4-116(5) imbues the court in a paternity action with the authority to require a party to purchase or maintain a medical insurance policy to provide for the current and future medical needs of the child.  S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo. App. 1998).  Similar to child support, where a party has been ordered to provide health insurance, assignment may similarly be entered.  CRS14-14-112(1).  However, if insurance is ordered the statute makes health insurance assignment mandatory.

Deviation from Child Support Amount Presumed Reasonable
Pursuant to Guideline Computations

        The trial court may deviate from presumed amount of support in CRS 14-10-115 according to the criteria in subsection (6) so long as it enters findings that allow an appellate court and the parties to discern the reasons for the deviation. In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994).  If the record ( paternity case) reflects the trial court considered the relevant factors for determination of support, CRS 14-10-115, (dissolution of marriage / legal separation statute) there is no abuse of discretion.  Garcia, supra, In re Marriage of Krise, 660 P.2d 920 (Colo. App. 1983).

Relation Back - Retroactive Child Support

        Child support may be ordered retroactive to the later date of establishing different residences, filing the legal separation lawsuit or service of process upon the Respondent.  This is called retroactive child support or relation back.  Issues can be highly contested regarding whether the court enters an order for support during a period of time prior to the order, what period is covered, how much periodic support is ordered and terms of repayment.  Once a support order is entered, each installment becomes a judgment the day it becomes due.  The court may not later modify the amount of support or deny the obligee any lawful remedy.

        Child support can be efficiently enforced. Refer to the Support Enforcement page of my primary website for additional information regarding income assignment for support arrearages, garnishment of income or bank accounts or enforcement by contempt of court (jail).

Period of Child Support Obligation

        Colorado courts will order child support until emancipation.  For purpose of child support obligations, emancipation under Colorado law is presently the child’s 19th birthday, death, marriage, or enlistment in the U.S. military armed forces. A child may otherwise become earlier emancipated, and emancipation may not in fact occur at age 19 - such as a child with disabilities.

Statutory Interest

        Statutory interest on child support is 12% per annum from the date each installment was due. CRS 14-14-106, CRS 5-12-101.  Once an order has entered, obligee (person receiving child support) has a right to statutory interest. If an obligor defaults on a child support installment after entry of order, obligee is entitled to statutory interest.  If the court relates back in an order and , at issue may be whether the obligee is entitled to statutory interest at 12% per annum on retroactive support arrearages.

Tax Considerations and Exemptions

        Child support is not taxable income or deductible.
        The court may allocate daycare federal tax credit.
        The court may allocate the federal income tax dependency exemption, and further may order each parent to execute necessary forms declaring that either such parent will not claim the children as dependents.  CRS 14-10-115(14.5) - guidelines (dissolution of marriage / legal separation), and CRS 19-4-129 (paternity) require the court, unless otherwise agreed by the parties, to allocate the right to claim dependent children for income tax purposes between the parties in proportion to their contributions to the costs of raising the children.

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LEGAL SEPARATION   ALIMONY SPOUSAL MAINTENANCE CRS 14-10-114 STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        Alimony exists in Colorado - just a different label - spousal maintenance. 

        The person seeking spousal maintenance must first establish need, and if established, then the court will look at the finances of each party in setting the amount and duration.  The court need not order any maintenance or may award up to lifetime.  The shorter the duration of the marriage, the less likely the court will order maintenance, or the shorter the duration of award.  The court seeks fairness. Each marriage is different, and the award or rejection of spousal maintenance depends on the facts of each case. 

If the parties combined annual gross income does not exceed $75,000, Colorado law provides a statutory guideline computation for temporary spousal maintenance.  The courts will use the statutory formula.  CRS 14-10-114(2)

There are no guidelines or computation forms for permanent spousal maintenance. 

        To compute spousal maintenance, each parties' income must be known.  For information regarding Military and Civil Service Defense Employee Pay and Benefits refer to the link.  This information is beneficial when an LES is not available to the spouse.

        Spousal maintenance receipt is taxable income. Payment is tax deductible.

        Regarding persons seeking spousal maintenance or seeking to avoid alimony.  Failure to request permanent spousal maintenance in the petition for legal separation will likely invalidate the claim.

Case on point - In re Marriage of Boyd, 643 P.2d 804 (Colo. App. 1982)
        Husband sought spousal maintenance from the wife
        Husband filed a motion for temporary spousal maintenance which was heard, but 
        Husband failed to request permanent spousal maintenance in his petition for dissolution of marriage (same procedural rules and law as legal separation)
        Husband failed to file a motion to modify the petition to include a request for permanent spousal maintenance
        Husband failed to request a continuance at final orders hearing seeking time to file a motion to modify the petition to include a request for permanent spousal maintenance.
        Permanent spousal maintenance was denied to husband.  Where allegations of the husband's petition did not constitute a request for permanent maintenance, the petition did not provide fair notice to the wife that she was expected to defend against a claim for permanent maintenance.  Husband could have sought to amend his petition to include a request for permanent maintenance. C.R.Civ.P. 15(a); cf. Varner v. District Court, 618 P.2d 1388 (Colo. 1980).  Trial court did not abuse its discretion in denying the request to consider the issue of permanent maintenance.  see Bryant v. Hand, 158 Colo. 56, 404 P.2d 521 (1965).
        In the Boyd case, the husband happened to be the party seeking spousal maintenance.  It is irrelevant whether which party (husband or wife) is seeking permanent maintenance - the Boyd case exists.
        Moral of the story.
                If you are the prospective obligee - if you don't ask, you can't get.  Request the kitchen sink in your petition - you can always waive an issue in settlement negotiations..
                Or - if you are the prospective obligor, be silent until final orders hearing, then object and raise the Boyd case as a defense.  
                Unusual issue, but it can arise and be defensible.

LEGAL SEPARATION   PROPERTY & DEBT CRS 14-10-113 STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        Separate property is generally property acquired before the marriage or received during the marriage by gift or inheritance.  Unless the owner has titled the property jointly or made a gift of it to the spouse, separate property will not be subject to division.  However, see below.  Although the court may not divide separate property, in practicality it may be necessary to sell to satisfy the award of marital increased value.

        Marital property is generally that which is acquired during the course of the marriage except as above.  Any increase in value of separate property during the marriage is considered marital; i.e.: home owned before marriage worth $90,000 at marriage, now worth $150,000 yields $60,000 marital property and $90,000 separate property.  Marital property is subject to division in legal separation.  The above simple example assumed home purchase by cash with no debt.  Secured debt would be an equity factor at the time of acquisition, marriage and legal separation decree.

         Separate debt is generally acquired before the marriage and not subject to award against the other spouse.  Reduction in separate debt can be allocated as marital property.  Debt incurred during the marriage is generally marital debt, even if incurred only by one spouse without the knowledge or consent of the other spouse, or if incurred without the other spouse's joint signature.

       The court will equitably divide marital property & marital debt. 
Generally that is 50% each, however the court may divide otherwise if fairness and the facts of the case require it.  Equitable division does not necessarily mean equal division; either the husband or wife may be awarded more than 50% if the facts and circumstances make this equitable or fair.  Property, debt, child support and spousal maintenance weave together.

        If the parties are unable to agree on value or division of personal property, the court may order all personal property sold at auction.  Be reasonable - not greedy.

        Please refer to the Resources Links page of my primary website for assistance in placing values on your real property, personal property or motor vehicles.  Specific link designations are provided below.
                Real Property
                        Real Property Appraisers
                        Real Estate Brokers
                        Real Property - value, history, financing, insurance, rental housing
                Personal Property Appraisers
                Motor Vehicle
                        Motor Vehicle Appraisers
                        Motor Vehicle Value - (NADA Yellow Book & Kelly Blue Book) and history (Carfax)
                                On-line availability of yellow & blue books may alleviate need for appraisals
                                Parties tend to agree upon motor vehicle values with aid of the books

        Pensions, including military and PERA, are property subject to division if earned during the course of the marriage.  It is not necessary that a pension be vested or mature for the court to divide it.  Vesting is the right to take the pension if you left employment.  Mature is the right to receipt at present. If the marriage is over 10 years duration during creditable military service, the military will disburse the spouse's share direct to him or her if requested.  Numerous court rulings have interpreted the "10 Year Rule" which does not prohibit or deny the spouse's claim if the marriage was less than 10 years duration during creditable military service.  The "10 Year Rule" merely deals with whether the military will disburse a portion of the pension to the former service member and a portion to the former spouse, or whether all will be disbursed to the former service member and then he / she must disburse to the ex-spouse. 

        IMPORTANT NOTATION: For any loan you have taken or will take from family or friends, document the loan with a promissory note reflecting the loan date, initial principal amount, interest (if any), method of repayment (i.e.: installment or lump sum) and amortization (scheduled payment amounts and due dates.)  If you have borrowed items of personal property, make a writing reflecting the date or circumstances regarding return.  This documentation is admissible evidence if your spouse claims family or friends made a gift to you individually or jointly.  Lawyers see this dispute with some regularity - protect yourself now, even if after the initial loan date.  Clients may refer to the link to obtain a form Promissory Note.  Free Acrobat Reader Download

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LEGAL SEPARATION   GENERAL INFORMATION STATE COURTS District Court   *   El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

Mediation and Arbitration Mediation Arbitration primary website page - refer to links for information

Synopsis How Do We Accomplish a Legal Separation? "I want what I want, I want it all and I want it now" or  "On-Demand" Realistic Time Frames

        The legal system hasn't achieved the fast food market level of efficiency and probably never will.  Probably never should.  Prospective clients want to know how long will it take to commence a legal separation and how long the process will take.

        There are two primary focal points in legal separations - finances and what to do with respect to the children.  The two most important documentary aspects of a legal separation are the financial computations used to arrive at settlement or litigation theory (pre-trial statement & brief) or the separation agreement (terms to be incorporated into the final decree if court fight can be avoided).  Comprehensible and concise computations are required to understand family finances and to draft a realistic settlement or litigation proposal.  

        A lawyer can not offer advice regarding support or division of the marital estate until he or she has an understanding of the family's finances, and understanding of family dynamics is necessary before formulating a parenting plan.  That's common sense.  Financial disclosure rules require an in-depth look at the family's financial circumstances at the time of filing.  If children are involved, a parenting plan must also be submitted.  Put another way, at the time of filing you must inform the court of the family circumstances and your proposal for relief - at least on an interim basis until final orders hearing.

        I have fact sheets located within my primary website to aid in understanding of family finances and dynamics and case preparation.  I ask the client to provide realistic valuation numbers regarding income and expenses, assets and liabilities and to be thorough in describing family circumstances.  I ask that the client invest time locating, organizing, copying and providing relevant documents at the time I am retained.  Income is determined from paystubs, LES or projected income capability.   Kelly Blue Book or NADA Yellow Book will be utilized to set motor vehicle values or if one party wants to be difficult, appraisal can be ordered.  If the parties are not in agreement, real property can be valued by appraisal or market analysis.  Unless the parties' real property will be sold and proceeds divided or if buyout is planned, unless it was recently purchased, appraisal or market analysis is a very good idea.  Business interests can be valued by a CPA if complex or if the parties do not agree.  Pensions are ascertained from plan provider documentation.  IRA, TSA, 401K, etc. are ascertained from family financial documentation, as are bank balances determined from bank statements.  A value can be set for every asset, right down to household goods.  If you can't agree on valuation of personal property or household goods, appraisal can be ordered.  Debt is determined from recent billings.  Numbers will be obtained - mutual disclosure and valuation stipulation is easier on the pocket book than discovery fights and appraisals.

         You feel the need for speed - how fast?  From the time attorney receives completed intake sheets and financial documentation, the legal separation can usually be prepared within 1 - 2 weeks.  I prefer to submit a separation agreement (settlement proposal) to the opposing party at or near the time of filing the petition or response if possible.  Settlement proposal is seldom accepted as first drafted, but changes shouldn't be significant if client has been realistic and has communicated with spouse or is aware of spouse's valuation estimates and goals.  Being aware of the spouse's position doesn't mean you agree; compromise or litigation will likely be required.  Initial financial scrutiny & settlement proposal method creates additional work for counsel and parties on the front end, but in this fashion we quickly determine whether settlement is a viable option or trial will be required.  If appraisals are not needed and if you and your spouse can be objective, figure about 3 - 4 weeks of hard work to achieve a final resolution, including transfer of real property ownership by quit claim deed or motor vehicles via powers of attorney.  More fees are incurred at the outset than if the case were commenced with a simple summons and petition, but if the case can settle it will ultimately reduce attorney's fees and costs in the final analysis.  It also reduces headaches, heartaches, anxiety and stress if the case can be concluded from the outset except awaiting the statutory 90 day cooling off period mandated by CRS 14-10-106.  If settled, decree can usually be taken in about 4 months from the time of filing and service of process.

        That's not "on-demand" or fast food mentality, but not a significant period if you and your spouse can be objective, realistic and reasonable.  In the interim, please don't plan a wedding to a new spouse, nor plan a buyout and refinance closing within a tight time frame.  If it's a court fight, plan to become quite patient.  

        Remember - the court's polestars will be the best interests of the children and fundamental fairness with respect to support, property and debt.  If you enter into court fights, final outcome will likely be somewhere in the same ballpark of reason we are seeking in the initial analysis.  Use good judgment when contemplating your initial "`````````wish list" or revisions thereto.

Courtesy vs. Fighting and Negative Emotions

        1.   Do not fight with your spouse, physically or orally.  You will gain nothing, except to make your legal separation much more difficult or incur criminal charges.

        2.  You must disconnect the buttons which have caused you emotional distress in the past.  No one knows better how to press your buttons than a spouse.  You have commenced or are contemplating a legal separation - expect your spouse to play your buttons with more fervor than the "Phantom of the Opera."  Recognize your spouse is jabbing your all too familiar emotional sore spots due to his or her own negative emotions.  Do not give feedback; the jabs can be temporary if you don't feed the fight.  And... don't you become a concert pianist on the buttons.

        3.  You make the best decisions when you are rational and logical.  No one can exercise clear judgment when we are over emotional, over tired, ill (physical or emotional) or impaired by substance (Rx, illicit or alcohol).  Decisions you will face in your legal separation and in normal communications with your spouse are some of the most important you may ever encounter with long term consequences.  Resolve your emotions in another forum; not in your litigation or dealings with your spouse.

        4.  You have business to conduct with your spouse; treat the legal separation as such.  Establish your new relationship starting now.  Give your spouse the courtesy, dignity and respect you would give a stranger on the street.  Require the same be given you in return.

        5.  Guilt, I'm Not Whole and Public Perception.  You may experience guilt that the relationship didn't work out, and that you are not a whole person.  Find a way to recognize yourself as a whole person - others do.  A mainstream church pastor once expressed concern that his peers would view him with distain at an upcoming conference when they learned he was undergoing dissolution of marriage - Hawthorne's scarlet letter.  I told him I believed their response would be: "Gee, I'm sorry to hear that, now what's for lunch?"  There may be a great deal of reality in that.  The pastor later reported that lunch was good.  Legal separation or dissolution is an opportunity to redefine your perception of yourself.

Children and Manipulation

        1.  Do not let children hear any derogatory or bad statements about your spouse, whether from you, family or friends.  Vent your emotions outside the presence of your children.  Your legal separation will create a degree of trauma for them; do not increase that trauma or cause emotional distress to your children needlessly.  This office will not represent you if you manipulate or unfairly make the children pawns.

        2.  The below listed complaints are frequently heard by attorneys. In El Paso County, an order to parents was likely entered when you filed your case.  If your spouse is engaging in any of the following behaviors, refer to that Order.  You will likely be able to stop this manipulation by contempt of court (jail) proceedings.

a.  Children must choose between the two of you.

b.  Attempting to turn the children against you by discussing your shortcomings, i.e.: denigrating, demeaning or making derogatory statements about you or permitting family or friends to do so in the presence of the children.

c.  Failure to continue with scheduled activities or school work during parenting time - time being used as a vacation from responsibilities for the children.

d.  Children being involved in setting, negotiating or mediating parenting time.

e.  Children being questioned regarding your activities, new assets, expenditures or romances.

f.  Spouse or significant other using illicit drugs during child care times.

g.  Children being forced to refer to step-parent or girlfriend / boyfriend as "mom" or "dad."

h.  Children being taken to a counselor or therapist without first obtaining the agreement of the residential parent.

i.  Other parent secreting or not informing you of his / her current address and phone.

j.  Discussion of the legal separation case or issues of the case with your children, whether parental responsibility, parenting time, child support or other financial issues.

k.  Children being shown documents related to the case.

l.  Children being brought to court.

m.  "No show" or "late show" at agreed times for parenting time exchange.

n.  Spouse arguing with you at exchange for parenting time.

o.  Step-parent or boyfriend / girlfriend being part of the transportation or child-care process during parenting time... significant other sticking nose into your business

p.  Lack of adequate clothing for parenting time or being returned in poor condition.

q.  Driving with the children under the influence of alcohol, drugs or medication.

r.  Failure to use legally mandated child restraints in motor vehicles.

        3.   Children, even very young, may likely attempt to manipulate the parents.  Separation is a particularly fruitful time given the guilt most parents are experiencing... a child's radar senses this.  Agree with your spouse that if either hears a disturbing report, you will call the other to inquire.  Agree neither will fly off the handle due to such an inquiry - a degree of unity remains necessary. Keep rules & discipline consistent. Understand children may attempt to manipulate, distort or extort. "No-way... not my children"... right.  Children need boundaries.

Children - Attorney Appointments

        I ask that children not be brought to the office unless requested by the attorney.  Family law matters are sensitive and not appropriate for children; they may understand more than we expect.  Also, many children have short attention spans.  Matters to be discussed will be of importance to you; the distraction of caring for a child will likely decrease the productivity of our time together.  Please make arrangements for daycare. If care is not possible, I work from my home and toys are available.  It's simply not a plan to include children in legal separation matters.

Cohabitation with Spouse

        Legally, you may cohabitate (live with) your spouse all during the legal separation, including through the date final orders are entered.  You could lawfully live together during a period thereafter and through a subsequent decree of dissolution of marriage.  In practicality, it does not work. 

        1.  Living together will increase the emotional tension between you and your spouse.         

        2.  Domestic violence criminal charges may be brought on allegation alone with no supporting evidence.  Hello gray-bar hotel, no room service 'eh?  Refer to the any of the below links for additional information regarding potential domestic violence criminal charges or restraining orders.  Refer to the below links for additional information.
            a.   Domestic Violence Information - information pertaining to defense of domestic violence charges
            b.   Domestic Violence Criminal Charges - frequently charged domestic violence crimes
            c.   Domestic Violence Sentencing Summary
            d.   Civil Domestic Abuse Restraining Orders
            e.  Have I represented level headed clients who continued living under the same roof with the spouse against my advice to save money?  yes.  Have some consequently faced predictable but devastating domestic violence criminal charges and / or domestic abuse civil restraining order litigation?  yes.  Hopefully this rings home - don't attempt cohabitation.
 
        3.  One of you must move out, or plan on disagreements.  To that end, the person who moves out will need at least first month's rent plus security deposit, maybe last month's rent, staple groceries, adequate furniture / household goods and transportation.  Plan on the expense, regardless of who actually moves.  Financial arrangements for multiple residences are nominal in relation to criminal defense or restraining order defense, not to mention long term consequences of the paper trail left by such an allegation.  Throwing out your spouse with no money and nowhere to go is not wonderful, nor will it favorably impress a judge.  Use common sense - don't make or tolerate that demand or threat.

Negotiations

        1.  Conduct all negotiations with your spouse in a park or restaurant which is a public setting but offers a degree of privacy.  Never discuss an emotional issue in the privacy of your home or a totally secluded area.  Argument, possible assault or injury, criminal charges and injunction will be avoided.

        2.  If you and your spouse can not reach agreements in any particular discussion, recognize that you will not be able to agree and discuss the matter in 2 or 3 days when emotions cool down.  Do not continue to press a matter when you know you can't agree.  A court hearing may be necessary; courts decide fairly. Use court hearings for legitimate disagreement matters and avoid court battles over issues emblazoned by emotion.

Relationships and Sexual Intercourse

        Relationships and sexual conduct may not be admitted in court as evidence except under limited circumstances as pertains to court dispute regarding children.  However, if your spouse learns of it or you bring a member of the opposite sex near the spouse or children, negative emotions will result (major understatement).  That will likely translate to needless court fights and higher attorney fees for each of you even if there are no kids.  Be discrete, and do not live with a member of the opposite sex while your case is pending

        1.  Children experience some degree of trauma due to separation.  Remember, they did not participate in the decision to split the family unit. Do not expose children to friends of the opposite sex until the relationship is stable, and then introduce them gradually with a picnic, movie or some easy outing.

        2.  Naturally, children should not be exposed to sex.  Nor should they be left with a babysitter for frequent or extended periods, nor late night while you party or enjoy recreational activities.  These facts are admissible; use common sense.

        3.  Children, particularly young, will report your spouse's activities to you and will report yours to your spouse - pipeline.  Use common sense when establishing new relationships.

        4.  Mental health professionals will likely advise you that it takes approximately two years post decree to conclude the grief or healing process; I suspect closer to 9 months - a year & a half.  Books are available from the public library, just as counseling and relationship recovery workshops are available.  It doesn't lessen your loss, but knowledge can aid understanding of the feelings you are undergoing.  I call it: "I'm crazier than a loon, but if I wasn't crazy, I really would be crazy."  A mental health professional referred to that cycle as "feeling and acting normally in an abnormal circumstance."  I have no expertise in the area; they do.  They use nicer phrases.  Temptation will be strong and will abound - be careful about entering into a significant relationship before you have concluded the grief process from this loss.

Property Issues

        1.  Close joint accounts.
                a.  Close all joint liability and charge accounts immediately. Notify creditors by certified mail that you will no longer be responsible for future debt incurred by your spouse.  This includes accounts in an individual name and upon which the spouse has signed as co-maker or has charge privileges.  Send creditors one-half of the charge card of the spouse who will no longer have charge privileges, or close the account entirely if need be.  This includes utilities and checking accounts as your spouse may write bad checks.  Closing joint liabilities is simply good business and eliminates possible disagreement later.  It may be uncomfortable to discuss this with your spouse immediately.  You may believe excessive charging to be out of character for your spouse.  You may fear the finality this seems to bring.  Do it anyway & do it now - attorneys see this problem frequently.  Close all joint accounts immediately. ...twice written intentionally.
                b.  Close all joint savings accounts, and divide the proceeds fairly.  If you anticipate problems, transfer the proceeds to a savings account in your name only, and hold (not spend) the proceeds until final disposition can be made.  It is easier to give the money to your spouse than to ask for it back.  This office recommends immediately after you have withdrawn the money, you convert the new savings account to an account where withdrawal is possible only upon the signature of both you and your spouse; check with your bank for availability.  Protect your savings.

        2.  Personal property division. If personal property has not been divided, do so immediately. 
                When you make division of personal property, divide as much as possible, and make one move.  Disagreements are caused when one party continually contacts the other requesting minor items of personal property.  Identify those items on which you disagree; counsel will negotiate or a court hearing may be necessary.  The goal is to identify & minimize those items which are contested. Don't sweat the small stuff; be flexible without giving up important matters.  If you take petty personal property issues to contested final orders hearing, a judge could easily order all property sold at public auction and division of proceeds.  Greed could backfire badly.

        3.  Estate planning. 
                Review wills, trusts or life insurance policies.  Your circumstances will be changing; you will need to amend beneficiaries or your entire estate plan.  The separation agreement should contain a a clause revoking any former wills or codicils, affirming the right of each to make a new will and waiving statutory rights to inherit, to receive under any surviving spouse allowance or act as personal representative.  You may also wish to review your needs for powers of attorney, child guardianship and conservatorship, a medical or surgical treatment declaration (life support) or anatomical gift declaration.  I do not practice probate or estate planning; contact your estate planning attorney.

Award of Attorney's Fees and Costs of Litigation

        In legal separation cases, the relevant statute is CRS 14-10-119.  The court may order payment toward attorney's fees as well as expert witness fees, guardian ad litem or special advocate, costs of genetic testing or other litigation costs.  Attorney's fees and litigation costs may be awarded for periods prior to commencement of the proceedings and subsequent to judgment.  

        Award or denial of attorney's fees and costs of litigation is in the nature of support.  Award is not to be used as a punitive action.  The Court must consider award or denial in light of the income and property of the parties in relation to one another, and must make findings as to the amount and reasonableness thereof.  Under some circumstances, a court may consider the actions of one party which directly increase the costs of litigation.

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DOMESTIC VIOLENCE CRIMINAL - FELONY & MISDEMEANOR STATE COURTS County Court * District Court * El Paso County Frequently Charged Offenses DOMESTIC ABUSE CIVIL RESTRAINING ORDERS OTHER POTENTIAL LEGAL PROCEEDINGS Criminal Proceedings Misdemeanor Felony Criminal Sentencing Sealing Criminal Records Legal Research Colorado Revised Statutes Travel Time & Mileage Attorney Fees & Costs

Emotions run high when legal separation is contemplated or during the process of physical move out.  Be very, very cautious in dealing with your spouse at this critical time. If your situation is abusive, whether you are the victim or the abuser, immediately take all necessary actions to stop the abuse.  Conversely, never make a false report.

Statutory definitions         Domestic abuse - civil restraining orders         Domestic violence - criminal charges

BE AWARE THAT IF YOU OR YOUR SPOUSE DIAL 911         Law enforcement will come even if you never speak (911 traps all phone numbers)         One or both of you will likely be charged with a crime per state policy         Police will arrest regardless of your desires or your spouse's desires         If arrested, the person will be held in jail overnight without bond until he or she can be advised by the court         Once a person initiates the police contact and charges are filed, the alleged victim no longer has the ability to withdraw criminal proceedings         The DA Office has a no drop charge policy - jury trial is likely the only alternative         Significant expense will be incurred in defense of a criminal case

BE AWARE OF THE FOLLOWING         You will be charged in a domestic violence criminal case if:                 a. You block your spouse's path of exit or movement (frequently standing in a doorway or in front of your spouse)  this is called ingress or egress                 b. You shove or touch your spouse in anger                 c. You throw items in anger or break property (even your own property)                 d. You threaten your spouse                 e. You argue with your spouse and swear                 f. You repeatedly insult, taunt, or challenge your spouse or communicate using offensively coarse language a manner likely to provoke a violent or disorderly response (in other words, your argue vehemently)                 g. You are ordered not to contact your spouse and you later do (even a phone call to see if he or she is ok)                 h. Without consent, you listen in on your spouse's conversations or tape record your spouse's conversations (felony punishable in the state penitentiary)                 i. You hang up the phone or pull the cord from the wall when your spouse is attempting to place a call          Prosecutors will attempt to introduce prior transactions (domestic abuse incidents) in criminal trials - when deciding guilt, do you want a jury to hear this?         No physical injury or evidence other than your spouse's statement is required         Firearm ownership or possession becomes a thing of the past.  With a domestic violence conviction or a domestic abuse restraining order, attempting to purchase a firearm is a federal felony. If firearms are required for employment, say good-bye.         Domestic violence criminal charges and injunctions are very serious

Refer to the below links for information regarding civil domestic abuse or criminal domestic violence proceedings.         a.  Civil Domestic Abuse Restraining Orders and Emergency Protective Orders         b.  Domestic Violence Information - information pertaining to defense of domestic violence charges                 Domestic Violence Criminal Charges - frequently charged domestic violence crimes                 Domestic Violence Sentencing Summary         c.  Violation of a restraining order can be enforced by                  1.  Criminal charges                         a.  violation of restraining order - information regarding the criminal charge                         b.  domestic violence information - information regarding prosecution                         c.  domestic violence sentencing summary - information regarding sentencing                         class M-2 or M-1 domestic violence offense                 2.  Contempt of court - information regarding civil proceedings for contempt of court

Spying on the spouse or significant other.  Factual basis for felony stalking or domestic abuse restraining order is not limited to physical acts.  Electronic bugging devices or tracking devices (GPS) will support a felony criminal prosecution or restraining order.

Refer to CRS 18-9-111(4) - criminal classification: (F-5) or (F-4)

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002)         felony stalking conviction upheld for electronic GPS device on wife's car with downloadable chip

In the context of felony stalking, (whether or not an intimate relationship, breakup, divorce, separation, paternity allegation or domestic abuse restraining order litigation), the Sullivan rationale may likely extend to surreptitious installation and monitoring of a computer program which repeatedly reports computer usage or internet activity to another.  (computer spyware tracking programs installed without the user's knowledge or consent).  Publishing attorney has not had occasion to defend a computer spyware felony stalking case, nor is he aware of any specific case in which such criminal charges have been initiated.  Although Sullivan may be a harbinger, current statutory language does not specifically identify surreptitious spyware installation or monitoring as prohibited conduct, and may not be sufficient to support a felony stalking conviction.  Additional legal research would be required for a more definitive opinion regarding defense of this issue.      Web beacons, aka web bugs, have become standard practice in many commercial websites, including reputable companies.  Web bugs are installed surreptitiously without the user's knowledge or consent and without benefit of court order - court scrutiny.  Web bugs may track computer usage or internet activity.  Commercial software is available to block or find and delete web bugs which are considered by many in the computer industry to be spyware.     An attorney naturally queries the difference between tracking spyware surreptitiously installed by a commercial enterprise and tracking spyware surreptitiously installed to track computer or internet activity of someone with whom the installing person (alleged stalker) has had a continuing relationship.  Put another way, is the enabling language of CRS 18-9-111(4)(a) sufficient to withstand a constitutional equal protection challenge?

Generally speaking, the maxim applies which William Shakespeare set forth in Merchant of Venice:       "truth will come to light... at the length truth will out"   which has come to be known as:   "over time, the truth will out" Be patient, not a criminal law case of first impression or test case like Sullivan. If there is a need to quickly determine facts, hire a reputable private investigator.

Destruction of joint or marital property may result in criminal mischief charges.

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002)         arson conviction upheld for burning wife’s marital property clothing

Prior to and during litigation proceedings, be respectful of joint property or marital property.         This would be particularly applicable regarding that claimed by your spouse to be his or her property.

Domestic abuse retraining order.  If facts support a criminal conviction, facts will support a domestic abuse restraining order.

Abuse can occur in any gender, race, social or economic background.

Child Abuse.  By law, child abuse reported to medical, therapy, social work or school professionals must be reported by them to DHS or law enforcement.  Based upon the statutory attorney-client privilege, an attorney may not disclose abuse without the client's your consent.

Child abuse or domestic abuse will not be tolerated by the courts.  By law prior criminal charges, abuse injunctive proceedings and child abuse dependency and neglect proceedings must be disclosed in writing to the judge at the time of filing the divorce.  The DHS maintains a statewide identification central registry of all reported child abuse.  The Colorado Bureau of Investigation (CBI) maintains a statewide central registry identifying domestic abusers (civil injunctions and criminal charges).  These records have major impact upon a person's future.  Injury or criminal charges may result from actions.  Use reason, logic and self-control when separating - not emotional reaction.

FIND A LAWYER ANYWHERE    Separation Overview Page Top

        It is advisable for everyone who undergoes breakup of a marriage or other significant relationship to attend a recovery workshop.  Attendance may likely assist you with grief and recovery.  Call for details on class dates and times.  I understand recovery workshops are also offered by the Catholic Church and Lutheran Church.  Others likely exist which are not listed here.  To my understanding, classes are free or inexpensive and the major focus is upon healing grief, not religion.  All it takes is one night a week for about 8 weeks.  Who knows, even if initially you don't think it is worthwhile, you may learn something.

THERAPY & TREATMENT * CLINICS * FORMS * SELF HELP refer to links for information
ALCOHOL Alcoholics Anonymous - AA Service Center     refer to below links for completion forms Alcoholism FAQs - Not Sponsored by AA Lighthouse - Detoxification Alcohol & Drug Residential Rehab Treatment     RESADA     governmentally subsidized - sliding scale cost   Alcohol Ed & Therapy Treatment Agencies Alcohol Education Classes      DUI, DEAC or DWAI Alcohol Education Classes - MIP	DRUGS McMaster Clinic RESADA     governmentally subsidized - sliding scale cost In-Patient Drug Rehab
	MENTAL HEALTH Pikes Peak Mental Health has  crisis hotline     and therapy available to families, individuals or     children on sliding scale based upon income.
	OTHER EDUCATION Domestic Violence - Anger Management - Conflict Resolution STD - HIV Awareness Class Petty Theft Classes Traffic Safety Classes
PARENTING CLASS - COURT SELF HELP CLINICS FORMS	OTHER RESOURCES Counseling, Treatment & Resources Resources - adults and teens Resources - parenting and children Department of Human Services (DHS)     contact numbers crisis, abuse, financial aid,     food stamps and child care
SAFE HOUSE T*E*S*S*A and Women's Resources Occupational and therapy counseling is also available plus information on other agencies.

        Alcoholism or drug addiction can occur at any age, socio-economic background, race or religion.  Think it can't happen to you or a loved one?  -  think again.  As with other illnesses, dependency doesn't care who are, what you are, how old you are, or where you come from.  If client, loved one or opposing parent has an alcohol or drug problem, he / she  should also immediately commence attending at least 1 AA or NA meeting per week. Address the problem and get it under control before it has a chance to destroy the quality of life.  Support is available.

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INDEPENDENT SERVICE PROVIDERS

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

PROCESS SERVICE	LABORATORIES	PRIVATE INVESTIGATION
APPRAISERS - PERSONAL PROPERTY		APPRAISERS - MOTOR VEHICLES
APPRAISERS - REAL PROPERTY		REAL ESTATE BROKERS
COURT REPORTERS - STENOGRAPHERS		MEDIATORS

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LEGAL SEPARATION DO I NEED AN ATTORNEY?
Do I need an attorney?	Probably time to loosen the pocket book and hire a family law attorney. Other than short term marriage - no assets and no kids, family law matters frequently have long term consequences and can have significant impact upon children as well as finances.  You need not retain my services, but hire counsel.
Client Ambivalence	It is normal for persons contemplating legal separation to vacillate between wanting to revive the marriage and to make a permanent separation. An attorney's job is to prepare & file pleadings, then pursue the lawsuit to final orders.  A lawyer is not a marriage counselor. Please make the determination to file for legal separation and see the case through to final orders before calling.  Additionally, while the attorney will assist in assessing the viability of client's goals, before contacting an attorney each prospective client should have a basic plan - a common sense or realistic "wish list."
Promissory Note	Promissory Note - evidence debt to family or friends - financial assistance 1 Page - Approximate Size 16 KB - no password - access unrestricted		ADOBE FREE  DOWNLOAD
Document Checklist	A quick checklist of documents and information to gather for your litigation 5 Pages - Approximate Size 40 KB - no password - access unrestricted		ADOBE FREE  DOWNLOAD
Retainer Data Form	Retainer data sheet - all cases - information to prepare a retainer agreement 1 Page - Approximate Size 29 KB - no password - access unrestricted           with a call, this information may also be provided by phone		ADOBE FREE  DOWNLOAD
Fact Sheet - General	Fact sheet - all cases - facts relevant to the client's case 56 Pages - Approximate Size 225 KB - access restricted by password		ADOBE FREE  DOWNLOAD
Fact Sheet - Children	Fact sheet - children - facts relevant to the client's case with children 26 Pages - Approximate Size 82 KB - access restricted by password		ADOBE FREE  DOWNLOAD

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LEGAL SEPARATION FAMILY LAW PRACTICALITIES

        I am a single parent who has raised his daughter alone since infancy.  I've walked the mile at 3 a.m. and am familiar with single parenting issues from tender years through teens.  It is irrelevant whether an attorney's client is husband or wife, petitioner or respondent.  I am most willing to assist with a just and fair resolution and termination of your marriage.  However, I will not provide representation in legal proceedings where the client's goal is to punish the spouse as a vendetta.

        Family law cases should commence seeking the ballpark of reason - otherwise known as a win-win solution as best as can be achieved under the circumstances.  Although that should be the first step, sometimes it is not possible.  If the opposing party is unreasonable or litigation is otherwise required, then it's time to litigate.  That means case preparation - both factual and legal research to effectively present the client's case to the court.  The magistrate's or judge's polestars will be the best interest of the children and fundamental fairness under the facts and circumstances.  Mere lip service to these principles is not sufficient, but reasonable or legitimate requests for relief are likely to be granted in court orders.

        The more complex the case or as justiciable issues increase, fees and costs increase.  This is a reality no matter which attorney a prospective client hires.  You are welcome to review Alternatives to Private Counsel - Other Options and visit with any number of attorneys.  In family law matters, it is especially important that the client be comfortable from the outset with the attorney he or she retains and understand the attorney's billing structure.

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Separation Overview Page Top

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ATTORNEY'S FEES AND COSTS LEGAL SEPARATION Secure On-Line Payment
INITIAL SEPARATION	SUPPORT ENFORCEMENT	MODIFICATION	PATERNITY

        At the time of the first visit, a prospective client will be quoted hourly attorney fees and estimated costs. The hourly fee and initial trust deposit quotes will be honored for a period of seven (7) days, after which quotes are subject to change without notice if this office has not been retained.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE LEGAL SEPARATION HOURLY FEE RATE TRUST DEPOSIT REQUEST This office bills hourly fees only in family law cases.  Time expended determines fees.  Due to the fact I can not predict behavior of parties who were in a previous relationship and may be emotional, I do not offer flat fees.
PAYMENT Secure On-Line Payment Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.
Colorado Springs Attorney Robert D. Gustafson HOURLY ATTORNEY FEES LITIGATION COSTS DEPOSIT $       hourly    $     variable        legal separation common trust deposit request including attorney's fees & litigation costs - excluding travel map * travel policy - time & expenses * travel rates   $3,500*
INITIAL LEGAL SEPARATION * this shall not constitute an offer, nor be construed as a binding estimate
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED PAYPAL ACCEPTED Secure On-Line Payment THIRD PARTY PAYMENT AUTHORIZATION charge card merchant discount
COSTS Out of pocket expenses (costs) are the responsibility of the client.
Generic costs relevant to any legal separation	Generic costs relevant to any litigation
PARTIAL LIST OF POTENTIAL COSTS out of pocket costs are the responsibility of the client generic costs relevant to legal separation action generic costs relevant to litigation link to Colorado Judicial Branch website current costs information published by state COLORADO STATE COURT COSTS litigation costs fluctuate - below estimates may be obsolete fees & costs assessed by courts or third party providers are not within attorney control
Court filing fees  (parenting class difference) With Children Without Children Petitioner - dissolution of marriage $224.00 $184.00 Petitioner - legal separation $219.00 $179.00 Respondent - either dissolution of marriage or legal separation $  70.00 $  70.00 Registration of foreign decree - divorce or custody $136.00 $136.00 Petition for allocation of parental responsibilities $176.00   Intervenor $135.00 $135.00 Motion to modify - 60 days or more after initial order $  90.00 $  90.00 Motion to Convert Legal Separation to Dissolution of Marriage $  95.00 $  95.00 ADR - Alternate Dispute Resolution Mediation (fee per party) $100.00 minimum $100.00 minimum Birth certificate              paternity disputed - husband not the father              Colorado $  35.00 $  35.00          Other states each set own fees each set own fees Background search - cost per parent search Price Price DMV out of state driving record - per parent search each set own fees each set own fees Local court archive records search fee (may be more or less) $  10.00 $  10.00 Copy expense at courthouse - files (estimate - may vary) $  10.00 $  10.00 On-line legal research          dependent upon issues requiring legal research, if any Varies Varies Private investigator initial retainer - if relevant - Rivera Investigations utilized      variable based upon number of witnesses to interview $______ $______ Process service expense      depends upon location of opposing spouse $______ $______ Travel time and expenses if case outside Colorado Springs Rates Rates
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

GENERAL CONSIDERATIONS - INITIAL LEGAL SEPARATION

        Fees and costs are not billed until incurred, however in the event client and spouse reconcile, earned fees and expended costs will not be refunded.  Client should be certain he * she actually desires a dissolution of marriage or legal separation before commencing litigation.

        To a large degree, the conduct of client and spouse and the ability or inability to agree will determine the final amount of fees and costs.  No two cases are the same.  Resolving emotions in counseling or elsewhere and removing emotions from litigation will significantly reduce legal expenses.

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POTENTIAL FEE QUOTE POST DECREE - ENFORCEMENT SUPPORT ENFORCEMENT OR PROPERTY - DEBT ENFORCEMENT Attorney does not offer contingency (percentage) fees regarding support enforcement.

GENERAL CONSIDERATIONS - POST DECREE

        Fees and costs are not billed until incurred, however in the event of dismissal by client or the ex-spouse, earned fees and expended costs will not be refunded.  Bear in mind, when one parent opens Pandora's Box, other issues will also likely become subject to litigation.  Client should be certain he / she actually desires a modification before commencing post decree litigation.

        To a large degree, the conduct of client and the ex-spouse and the ability or inability to agree will determine the final amount of fees and costs.  No two cases are the same.  Resolving emotions in counseling or elsewhere and removing emotions from litigation will significantly reduce legal expenses.

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POTENTIAL FEE QUOTE LEGAL SEPARATION POST DECREE - MODIFICATION HOURLY FEE RATE This office bills hourly fees only in family law cases.  Time expended determines fees.  Due to the fact I can not predict behavior of parties who were in a previous relationship and may be emotional, I do not offer flat fees.
PAYMENT Secure On-Line Payment Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your post decree case.  Because modification can cover such a wide range of issues, it is not possible to provide a blind common trust deposit request.  That could only be quoted after consultation.
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED PAYPAL ACCEPTED Secure On-Line Payment THIRD PARTY PAYMENT AUTHORIZATION charge card merchant discount
COSTS Out of pocket expenses (costs) are the responsibility of the client - refer to above initial separation listing.
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

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POTENTIAL FEE QUOTE DOMESTIC ABUSE RESTRAINING ORDERS HOURLY FEE RATE A domestic abuse restraining orders hearing may be relevant.  The suit for PRO may have been commenced in the divorce action, or may have been commenced in a separate county court lawsuit.  Either way, preparation time will be necessitated.  Fees will be billed upon hourly fees along with PRO case costs, and a prior trust deposit will be requested.

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FIRST CONSULTATION	ACCOUNTING STRUCTURE		HOURLY FEES	COSTS
FEES & COSTS SECURITY	TRUST ACCOUNT	TRAVEL	WITHDRAWAL - TERMINATION
CLIENT DUTY TO DISCLOSE	OMISSION  NON-DISCLOSURE		ALTERNATIVES
ATTORNEY SELECTION	RETAINING GUSTAFSON		ADVICE BY LAYMEN

Finally, cheer up. You have a new life in front of you. 
Thank you for considering my services; I appreciate your inquiry.

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ATTORNEY REPRESENTATION AND DECLINED MATTERS

FAMILY LAW DEBT COLLECTION COMMUNITY RESOURCES FIRST CONSULTATION TRAFFIC DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS ATTORNEY SELECTION DRUNK DRIVING - DUI DEFENSE PRIMARY WEBSITE INDEX RETAINING GUSTAFSON DRIVER LICENSE DEFENSE ADVICE BY LAYMEN ACCOUNTING STRUCTURE

ALTERNATIVES FIND A LAWYER if you are seeking the below please refer to above links for helpful information sole practitioner attorney does not accept these matters   a.  a pro-bono (free) lawyer b.  an attorney who may take lower fees - economic hardship c.  an attorney who may take installment payments Attorney Welcomes third party payment authorization charge card merchant discount

MID-LITIGATION REPRESENTATION alternatives and find a lawyer links provided as a courtesy Attorney Policies Litigant Pro Se - Attempt to Prepare or Defend Own Family Law Case 1.  Adequate Time.  If sufficient time exists to adequately prepare your family law case or defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own case.  I decline. Alternatives FIND A LAWYER Attorney Policies Representation by Previous Attorney 1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case. 2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your family law case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current family law case.  I decline. Alternatives FIND A LAWYER

POST DECREE MATTERS alternatives and find a lawyer links provided as a courtesy former clients are naturally welcome to call anytime regarding any legal matter 1.  Post Decree Support, Property or Debt Enforcement.  I accept most post decree requests to enforce a prior court order with respect to child support, spousal maintenance, property or debt.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 2.  Post Decree Modification.  I will consider post decree modification of support, parental responsibility or parenting time or setting aside a former property or debt order, however I do consider the amount of time elapsed since last order, circumstances surrounding the modification and number of prior attorneys retained by a prospective client.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 3.  Appeals.  I do not accept appellate matters unless I provided representation at hearing or trial and am familiar with the facts, testimony and exhibits received into evidence and meritorious issues for appeal.  That's been my policy for years.  Please do not call or inquire regarding appellate matters if you are not a former client. Alternatives FIND A LAWYER

ATTORNEY TRADE AREA & TRAVEL OUTSIDE EL PASO COUNTY GEOGRAPHIC DISTANCE ECONOMIC CONSIDERATIONS Colorado is a big state.  Ease of internet access, email and toll free phone doesn't change that fact.  Due to frequency of court appearances, it is not economically justifiable for a client to pay travel time or expenses beyond nearby counties. Attorney has limited his trade area due to cost considerations. TRAVEL  RATES TRAVEL TIME  *  MILEAGE  *  EXPENSE Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are from out of state or are unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing. Colorado MAP COUNTIES CITIES / TOWNS If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case. El Paso County Colorado Springs / Manitou Springs / Fountain Arapahoe County Littleton / Centennial / Englewood Douglas County Castle Rock Elbert County Kiowa / Simla I welcome new cases.  Intent is not to be harsh or to discard potential new business, but to be practical. Crowley County Ordway Fremont County Canon City / Florence / Penrose FIND A LAWYER ALTERNATIVES Pueblo County Pueblo Teller County Cripple Creek / Woodland Park

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NOTICE AND DISCLAIMER Notice to Website Visitors please read before using website	ATTORNEY ETHICS & CLIENT DISCLOSURES Prior Convictions or Bad Acts important warning information before disclosure	CONTACT AND PRIVACY Confidentiality & Privacy Policy email, and cordless, wireless or cell phones

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WHERE CAN I FIND THE LAW? Self Help - Free Links to Legal Research	Free Self-Help Clinics
Colorado Courts - Forms - Divorce, Paternity, Support & Family - Index & Download Colorado Courts - Forms - Restraining Orders Domestic Abuse - Index & Download
The above links are provided as a public service, but if you attempt "do it yourself" legal separation

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please feel free to call or email if you are a client or are seeking representation		Secure On-Line Payment third party payment authorization charge card merchant discount
FREE INITIAL CONSULTATION not an offer for free legal advice - refer to link for terms attorney is a sole practitioner with need to manage his caseload attorney reserves the right to decline any legal matter

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PRIMARY WEBSITE HOMEPAGE      FAMILY LAW

GUSTAFSON LAW OFFICE TOPICAL WEBSITES DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE DOMESTIC VIOLENCE DEFENSE PROSTITUTION DEFENSE NUISANCE FORFEITURE DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS COLORADO DIVORCE DISSOLUTION OF MARRIAGE LEGAL SEPARATION SUPPORT ENFORCEMENT CHILD SUPPORT PATERNITY - LEGAL PARENTAGE STEP-PARENT ADOPTION GRANDPARENT ADOPTION RESTRAINING ORDERS FAMILY LAW DEBT COLLECTION PRIVATE INVESTIGATORS

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Separation Overview Page Top