Colorado Springs Divorce Attorney Blog

Military Divorce - Service Relief Act

Wed, 15 May 2013 09:29:33 -0700

By Teresa A. Drexler
Partner and Attorney
The Gasper Law Group, PLLC

Military servicemembers face a myriad of challenges when they are deployed, in training or otherwise unavailable due to their military responsibilities and commitments. The problem is evident in many divorce and parenting cases where the non-servicemember files for a divorce or for parenting time orders when the military parent is unavailable to participate. In any divorce or parenting case involving a military service member, the application of the Servicemembers Civil Relief Act (SCRA) can create a roadblock for either or both parties in resolving such a case. The successful application of the SCRA results in delay. The SCRA allows a servicemember the opportunity to avoid a final hearing in a parenting or divorce case because he or she is unavailable due to their military orders. In order for the court to find a servicemember "unavailable" the applicant must follow procedural court rules and provide specific information to the court regarding their "unavailability". The applicant must provide a letter describing their current military duty requirements and a second letter stating that the applicant’s current military duty prevents the member from appearing in court and properly defending any current legal action. If the application to the court to delay the proceedings is not done properly the request may be denied and the case may move forward with or without the servicemember's presence.

“Yes, you too must pay your child support Mr. NFL Superstar”

Wed, 12 Sep 2012 11:25:05 -0700

By Daniel N. Noffsinger
Divorce and Family Attorney
The Gasper Law Group, PLLC

You may remember Travis Henry: running back drafted by the Buffalo Bills in 2001, spent two years with the Tennessee Titans, and then a modest year with the Denver Broncos in 2007, the last year Travis Henry was on the field after pleading guilty to a cocaine charge.

What about Jamal Lewis? Lewis had a magnificent career with the Baltimore Ravens before finishing his career with the Cleveland Browns. After becoming the second rookie in history to run for more than 100 yards in a Superbowl (2001), Lewis retired from the game in 2009.

And then there’s Terrell Owens…who can forget him? The talented, flamboyant, media hound recently found a new home with the Seattle Seahawks after several successful stints with other teams.

Divorce in Colorado after Infidelity

Tue, 11 Sep 2012 11:50:02 -0700

By Sebasti E. "Emma" Adams
Divorce and Family Attorney
The Gasper Law Group, PLLC

"He cheated!" She broke your heart! He tore the family apart! It’s her fault she had an affair!

We’ve heard it all. It’s heart braking and it’s unfair, but it doesn’t matter to the courts.
Colorado is a no-fault divorce state. Meaning the person asking for a divorce DOES NOT have to prove the other person committed adultery, was physically or emotionally cruel or abandoned the other party. Instead, they just have to state that the marriage is irretrievably broken. A no-fault divorce state like ours also means that the other person has no grounds to object to the Petition for Dissolution. If one person thinks the marriage is irretrievably broken, the marriage is irretrievably broken.

Another consequence of our no-fault divorce state is that in dividing martial assets or awarding maintenance the Court is not going to consider the wrongs of the other person that lead to the marriage breaking down. There will be no financial compensation for broken vows or a broken heart. Likewise, in determining child custody the Court is going to only consider those factors that help it determine what is in the best interest of the children. Generally, an extra-marital affair is not going to come into play when a Court makes this decision.

So, at the end of the day in Colorado, all that matters to the Court is that the marriage is broken, not the how or why it became broken. Although this may not be fair, especially for the wronged spouse, it makes divorces a lot cleaner since a person’s dirty laundry is not aired.

Child Tax Exemptions: What am I allowed to claim?

Sun, 19 Aug 2012 07:30:16 -0700

By Teresa A. Drexler
Partner and Attorney
The Gasper Law Group, PLLC

Many people come to our office seeking parenting orders not only for parenting time and expenses for the children, but also with regard to who gets to take child tax exemptions each year. A common question we are asked is “Why does he/she get to take tax exemptions when he/she never sees the children?” Many people come to our office and do not understand why the other parent should be entitled to claim any exemptions if the children are not residing with that parent at least ½ of the time or in some cases simply at all. The bottom line, however, is that the other parent is entitled to claim exemptions because Colorado law provides them this right.

I stop at this point and state that our Family Law Division attorneys are not tax attorneys or accountants. Our standard response to tax related questions is to advise our clients to go seek the assistance of a tax attorney or accountant. However, we can tell you that Colorado law provides the sharing of tax exemptions for parents who share the financial burden of raising children. Sharing does not mean equally sharing the total financial burden that comes with raising children. Colorado law states that if a party is paying court ordered child support, regardless of whether or not they are exercising any parenting time or contributing to other costs for the child, the paying parent is entitled to their proportional share of the child tax exemptions. For example, if Mother makes $150,000 per year and Father makes $75,000 per year, Mother will be entitled to approximately 67% percent of the tax exemptions and Father may be entitled to take 33%. Typically this equates into a schedule where, in an example with two children, Mother might take the tax exemption for two years and Father might take the tax exemptions in the third year. There are a variety of ways to structure the exemptions and it is important it is clear in any Agreement or Order of the Court as to who is taking which exemption each year.

A Hollywood Annulment

Mon, 13 Aug 2012 14:54:54 -0700

By Jessica L. Hughes
Attorney At Law
The Gasper Law Group, PLLC

We’ve all seen them. The cliché romantic comedy or the storyline concocted to draw in viewers for May sweeps. The “will they/won’t they” couple, through a drunken haze or a misunderstanding of foreign culture, end up hitched. Yet in the harsh reality of the next morning’s light one of the parties adamantly insists the night before was just “one big mistake.” The cliffhanger leaves the audience wondering how such a horror can be rectified.

Like a shining beacon of hope one little word is uttered… annulment. How simple it sounds. The court can invalidate the marriage and it will be as if nothing ever happened. However, an annulment is not as simple as proposed by our good friends in Tinseltown. Because, let’s face it, the legal particulars of invalidating a marriage would not be as endearing as Hugh Grant stumbling through his latest apology.

Perhaps the leading misconception surrounding annulments is the ease with which they are granted. Though the parties are spared the 90 day waiting period associated with a divorce, the grounds for which an annulment may be granted are far stricter. For an annulment to be granted in Colorado, proof of one of the following must be provided:

(1) A party lacked capacity to enter the marriage as a result of either mental capacity, infirmity or influence of drugs or alcohol;

(2) A party lacked physical capacity to consummate the marriage;

(3) A party is underage and did not have consent of his or her parent;

(4) One party entered into the marriage in reliance upon a fraudulent act or representation of another that goes to the essence of the marriage;

(5) One or both parties entered into the marriage under duress;

(6) One of both parties entered into the marriage as a jest or dare;

(7) The marriage is prohibited by law

In addition to meeting one of the reasons listed above the parties must begin annulment proceedings within a certain time frame. The reason you seek an annulment will dictate the timeframe you have to file for an annulment. For example, if you wish to annul your marriage because of fraudulent representation that goes to the essence of the marriage you must begin proceedings within 6 months of learning of the fraudulent representation. Whereas if you want to annul your marriage because a party lacked the physical capacity to consummate the marriage you have one year after learning of the condition.

Bankruptcy and Divorce: Get Out of Debt before Getting Out of Marriage

Mon, 13 Aug 2012 14:32:33 -0700

By Haily Stansberry
Attorney At Law
The Gasper Law Group, PLLC

We’ve all heard the phrase “drowning in debt.” We’ve also heard the phrase “treading water.” If, when it comes to your debt, you are “treading water” but know you’ll soon get divorced, this article is for you.

Jack and Jill are getting divorced. They have approximately $30,000 in debt due to credit cards and unpaid medical bills. In the state of Colorado, debt acquired during the marriage, like their medical bills and credit cards, is normally treated as debt of the marriage, even if it was acquired by only one spouse and not the other. When Jack and Jill’s family splits into two, the household with the least income is hurt more financially. If Jack and Jill together were only “treading water” when it comes to debt, now that Jack and Jill have separated, they probably each feel like they are “drowning in debt.”

What should Jack and Jill do? Well, first, having a lot of debt makes any divorce messy, and going further into debt paying attorneys to split up Jack and Jill’s existing debt doesn’t make a lot of sense. What Jack needs to realize is that even if the Court orders Jill to pay their Visa bill, the credit card company can come back and sue Jack if Jill doesn’t pay. The credit card companies will say their contract is with Jack and that the divorce orders don’t affect a thing.

Gasper Law Group – Helping People First

Tue, 07 Aug 2012 08:45:26 -0700

By Jennifer L. Helland
Attorney At Law
The Gasper Law Group, PLLC

Our motto is our mission, a goal that all of us at The Gasper Law Group try to incorporate into our both our personal and professional lives. It may seem cheesy. And trust me, I know more lawyer jokes than anyone. However, the attorneys at the Gasper Law Group uphold the highest ideals in legal ethics and compassion to clients, their families, and all who call us for help.

Why? Well because we are human. We understand that clients are human and everyone deserves to be treated with dignity and respect, even during those stressful times that fail to show a client at his or her best. We try to show grace and help people through some of the most trying times in their lives. We understand there are emotions. We understand that this is your family. We understand that you need to be an active part of the process and the solution. We do not make decisions for our Clients. We do not operate with our own agenda.

We advocate for our Clients and we try to encourage our Clients to do the right thing. We also go above and beyond at time for clients. Here are some other examples of what we have done for our clients and others in the past:

1. Offered low retainers and monthly payments from the very earliest days of The Gasper Law Group so that more people can have quality legal representation;

2. Taken a client shoe shopping when she was only allowed a single pair of shoes during her marriage;

3. Given baby clothes, toys, books and other things to families in need;

4. Operated an emergency line and actually answered the phone at 2 a.m. or on vacation from California;

5. Prepared for hearings at 3 a.m. with clients overseas;

6. Relocated clients to safe housing;

7. Helped clients get into substance abuse or mental health treatment;

8. Contributed to charities and participated in civic organizations;

9. Volunteered through churches;

10. Coached and judged mock trial;

11. And most importantly – We Listen!

Hillbillies, bagels and “No-Fault” Divorce

Tue, 07 Aug 2012 07:50:05 -0700

By Daniel N. Noffsinger
Attorney At Law
The Gasper Law Group, PLLC

When “I Do” turns into “I’m pretty sure I don’t” your friendly neighborhood courthouse comes rushing to your aid with a nifty little tool called “Divorce.”

But why have you decided that you are no longer willing to have and hold ‘til death do you part? Guess what? The courts don’t care. That’s the beauty of the no-fault divorce in Colorado.

Most states offer no-fault divorces and most of those states don’t even require a statutorily mandated separation period. Colorado is one of those states where you need only represent to the court that the marriage is irretrievably broken. The courts don’t care to know who spends every waking hour at the strip club, who pelted who with a bagel (actual example), or who leaves wet towels on the bathroom floor. More importantly, your judge doesn’t want to hear, “But she cheated on me!” Similarly, your judge is not concerned with violence against each other unless that violence affects minor children.

One reason most states have transitioned to no-fault divorces is because the courts just don’t have the time or patience to listen to who hates who more. The other big reason is because courts also don’t want to listen to the served party argue as to why he or she would prefer to remain married.

Divorce is devastating in every aspect: financially, emotionally, and mentally. Most people can’t count divorce as one of the most enjoyable things they’ve done. While you may want to tell everyone just how awful your soon-to-be ex is, the courts won’t listen. The events and emotions leading up to the decision to divorce are deeply important to you, but no-fault means no-blame. “Irretrievably broken” means the marriage can’t be fixed. That’s it. That’s all the judge wants to know.

Finding the Cost of Freedom: Splitting Personal Property

Thu, 02 Aug 2012 10:08:55 -0700

By Sebasti "Emma" Adams
Attorney at Law
The Gasper Law Group, PLLC

Years, sometimes decades, worth of furniture, china, tools, books, DVDs and Christmas ornaments need to be separated at the time of a divorce.

As with all marital property issues in the State of Colorado, the law requires the court to divide the personal property accumulated during a marriage fairly and justly. However, the judge isn’t going to go through the marital home for you and make sure you each get an equal number of forks, spoons and Tupperware containers. If you and your soon to be ex cannot agree on the division of personal property yourselves, a Court will be more likely to take a hatchet than a scalpel to the personal property at issue.

‘IT’S MINE!”

Tue, 24 Jan 2012 08:10:03 -0700

By Teresa A. Drexler, Partner
The Gasper Law Group, PLLC

Parties in a divorce tend to be very defensive about financial issues. A common statement made at the beginning of the divorce is “I made the money and supported this family so why should the other party benefit financially from my hard work?” The years of hard work, however, were during a marriage where it is likely the other party contributed either financially with their own income into the marriage or by their contributions to maintaining the household. The typical example is the corporately employed husband and stay-at-home mom. The husband does not understand why his wife of fifteen years would be entitled to any support by him after a divorce [see "Colorado Alimony Blog" on this site]. After all, he has worked the long hours to get where he is on the corporate ladder. He has contributed to “HIS” retirement fund with “HIS” income each month. The mother believes she is entitled to something for all the years she gave up her career opportunities to stay at home and run the household. The wife believes she should share in a portion of her husband’s income and retirement funds and she is correct under Colorado law.

Another common misconception deals with the grand old yearly tax return. When one party works and a tax return is received, that party typically thinks they are entitled to keep the entire return without sharing it with their spouse if their spouse was not employed outside the home. The statement “It’s “MY” money” is extremely common. Newsflash…it is marital property and you should plan to share the tax return in an equitable manner. The court does not care that only one party actually earned the income. The court assumes that both parties contributed to the marriage in different ways. If not for the stay-at-home mother it is likely the husband could not have achieved such a successful career. (And the roles are sometimes reversed with the husband being the homemaker.)

These are just a couple examples of the typical financial mindset people have coming into a divorce. The division of financial assets and debts that accumulate during a marriage can be a confusing and frustrating issue to deal with during a divorce. Everything related to finances that accumulates during the marriage is marital property and is subject to equitable division either by agreement or through the court. There are exceptions to this rule as there are a few ways in which to accrue separate property during a marriage. If one of the parties receives a gift or inheritance, for example, that may be that parties exclusive separate property that is not subject to division. Outside of a few exceptions, everything else is fair game. Spousal maintenance, division of tax returns, division of retirement accounts, etc., tend to be high conflict areas when it comes to the financial division of property. The best thing you can do for yourself is understand from the beginning that the court can and will divide these equitably. Of course what one person believes is equitable is different from the next. Pursuant to Colorado statute, a division must be made that is equitable, not equal. However, the reality of the situation is that more often than not, equitable does result in close to an equal division.

BREAKING UP IS HARD TO DO

Tue, 24 Jan 2012 08:04:40 -0700

By Laura A. Good
Senior Paralegal
The Gasper Law Group

A divorce is hard enough on the parents, but doesn’t have to be on your kids. Telling your children that Mommy and Daddy are getting divorced will probably be one of the most difficult talks you will ever have with your children. Most importantly, parents must prepare themselves in advance when talking to their children. Be aware of the words you use and of the impact your words will have on them. Depending on their age, the “scars of divorce” could carry with them the rest of their lives.

There are many common mistakes parents make during this difficult time. Here are just a few:

1. Sharing information only meant for adults or telling the children the “reason” for the breakup. Many times parents want to “win” over the children by telling them their side of the story. Only adults should be privy to hear this type of information. Telling your children that Mommy or Daddy had an affair and has now chosen someone else could be devastating to the children and how they view their parents. Telling your children the “dirty” details and information only creates undue stress on your children. Keep it simple, give them reassurance, and leave out the details.

2. Making the children choose. Often times the children are asked or pressured to choose between Mommy and Daddy. Don’t put them in this position. Reassure them you both love them and although you are no longer going to live together, you are still a family and that you love them very much.

Your Credibility With The Court; How to Lose It!

Tue, 24 Jan 2012 07:59:23 -0700

By Jennifer L. Helland
Attorney at Law
The Gasper Law Group

People commonly want to know how Judges make their rulings. Often times, clients think that it’s a smoking gun piece of evidence that makes or breaks a case. This is rarely true, especially in a divorce or parenting case. Although, the bench has an appreciation for evidence they are often looking at something much simpler: credibility. Many attorneys do not discuss the importance of credibility with their clients prior to testifying at a hearing. Family law cases are riddled with he said/she said evidence, and Judges often must decide who to believe. Often times, I have heard Judges say to one party or another “sir/ma’am you are simply not credible” and then follow up with a ruling in favor of the opposing party.

One thing that we commonly stress to our client’s is that credibility is key. Sometimes it involves not filing a motion that you believe in your heart to be appropriate and true, but unable to prove because you don’t have the concrete evidence needed to support the motion. By filing that one motion, the tone is set with the court and your credibility may be questioned going forward. Taking unreasonable positions is another thing that we at The Gasper Law Group try to avoid and counsel clients on.

THE “NOTICE TO SET” PROCESS

Tue, 24 Jan 2012 07:55:38 -0700

By Tanya L. Lopez
Former Paralegal
The Gasper Law Group

At some point in any Domestic Relations case you will hear the term “Notice to Set”. Majority of the time, people do not understand what a Notice to Set is. In Colorado, the Courts require ten days advance notice before any hearing gets set on their docket. A Notice to Set is the document that notifies all parties, ten days in advance, that one party is going to call in to the designated Division on a certain date and time to schedule a hearing. If you are the requesting party, you must send a copy of the Notice to Set to all other parties to notify them of your intent to set a hearing so they can participate in the setting if they choose.

Each Division has specific setting days and times. So the Notice to Set will designate a setting date and time that is allowed by the assigned division. For example, one division may do their settings on Tuesday or Wednesday and another on Monday or Thursday. On the day of the setting, the requesting party will call in to the assigned division, at the designated time, to speak with the Court Clerk and obtain possible hearing dates that are available on the Court’s docket. Each division varies on how they choose to include the other party in the setting. They will either conference call the other party and coordinate a hearing with both parties at the same time, or they will give the requesting party possible dates and the requesting party is responsible for coordinating with the other party. Once all parties have agreed on a hearing date, the Court Clerk will assign the task of preparing the Notice of Hearing. The Notice of Hearing will specify your actual hearing date.

Lastly, when you receive a Notice to Set in the mail, be sure to read it closely. It will state directly on the Notice that the setting date is not a hearing and your attendance is not required. If you are represented, your attorney will contact you with the actual hearing date once it is set.

The Power of Negotiated Agreement

Mon, 23 Jan 2012 08:56:25 -0700

By John H. Bolen
Staff Attorney
The Gasper Law Group

You probably won’t be surprised to learn that family courts have a number of drawbacks – from high costs to overburdened judges – which demonstrate why they are generally the wrong place to resolve a domestic relations issue. In addition to being outrageously expensive, the legal system heightens negative emotions, and purposefully poses one “side” against the other.
In most cases involving children, for example, the best thing that can probably happen is for parents to be on the same ‘team,’ and not think of themselves as being on opposite “sides.” Unfortunately, this is also one of the most difficult concepts to get a parent fighting over children to accept, and part of the reason why is because of the system itself.

If your highest priority is to make the other person miserable, a 'tough guy’ approach may be best for you. But you’d need to be prepared to spend literally tens of thousands of dollars in the fight, with no guarantee of coming out ahead of the other person. It is very common for parties to a domestic case to rack up legal fees that are many, many times the dollar amount of an issue at stake. Allowing this type of thing to happen may fill the coffers of the lawyers, and can satisfy damaged egos. In the long run, though, it doesn’t benefit you or anyone else who truly matters. Beware of those who seek to profit from making sure your problems only get bigger.

You deserve to hear an honest legal assessment about your chances in Court and the Gasper Law Group will ensure you are fully apprised. It’s safe to assume you would hire an attorney for professional advice, and your attorney will presume that you actually listen to the advice you are paying to hear. If you’re better off going to Court, we will let you know. If you are better off settling, you need to understand that too. Your attorney should want you to know exactly what to expect in Court rather than spend the rest of the attorney-client relationship explaining why he or she couldn't deliver on promises that really shouldn’t have been made in the first place.

The following are expenses you can expect to incur when you have to go to court:
• Your attorney fees and possibly a portion of the other party’s attorney’s fees
• All fees associated with filing court documents
• Fees for any experts that are necessary
• Fees for depositions should the need arise
• Fees related to any expenses incurred during the discovery phase of the case
• Loss of income for time taken off work
• Any travel expenses should you have to travel long distance

ALL IN THE FAMILY – A CONFLICT OF INTERESTS

Fri, 30 Dec 2011 09:36:29 -0700

By Matthew B. Drexler
Partner and Attorney
The Gasper Law Group

Colorado recognizes the rights of parents, grandparents and even psychological parents in child custody disputes. It is easy to imagine a scenario where a young couple, once madly in love, is now squaring off in court about who should get more time with the child or who should be allowed to move with the child out of state. However, the young couple could not have imagined all those who would appear in court demanding parenting time (also known as visitation).

It takes a village to raise a child, right? The more the merrier? The problem is deciding first who is entitled to legally claim parenting time and second how much time should be awarded to those entitled? However, there is a much more delicate issue to resolve first: Who will represent who in the child custody case?

It is all too common that a parent schedules an initial consultation with an attorney to discuss her child custody case and explore her options. When the mother arrives at the attorney’s office, she is accompanied by her loving parents (i.e. the maternal grandparents) and a close family friend who has been caring for the child for the last six months while the mother and father desperately tried to mend their personal relationship. An attorney unfamiliar with ethical considerations or an attorney far too motivated to grab three separate retainers may jump for joy. After all, don’t all three parties have a similar interest in cutting dad out of the picture?