Denver Family Lawyer Advises Divorcing Parents to Take Parental Education Classes

As a Denver Lawyer, I often hear divorcing couples lament, “I just wish this could be over!”

Unfortunately, when there are children involved, it is never really over. Unless one parent passes away or abandons his or her children, divorced couples with kids will need to deal with one another for many years to come.

Raising children after a divorce will require a certain set of skills that most parents don’t have. Even when dealing with an ex-spouse who has been unfaithful, unreliable, unemployed or unethical, maintaining a cooperative relationship with them is crucial to the children’s best interests.

Very often, a custody plan that was written when the children were very young will need to be adjusted as the children grow older. Marital property will need to be sold. Medical expenses must be discussed, especially if the children need special care. All of these eventualities will require two parents who are willing to put aside their differences and consider what is best for their children.

One of the best ways to ensure that you and your ex-spouse are able to work together as co-parents in the future is to take a class in parenting that is geared toward divorced parents. Learning to treat one another with mutual respect and maintain open lines of communication will keep you from going back to Colorado court after the divorce is final.

Colorado courts often require parents who are involved in a custody battle to take parental education classes, which is part of the state’s recent Family Law and Policy Promoting Parenting Education. Through the passage of this law, Colorado divorce laws have officially recognized the negative impact of divorce on children, and that the stress of a divorce can affect a child socially, emotionally, and academically, thus, the need for co-parenting education to aid in the family’s transition. The program is designed to educate parents about the divorce process, illustrate how it can impact children and adults, and teach co-parenting strategies and skills to promote cooperation between the parents.

If you are about to enter into a divorce in the Denver area where children are involved, a local Denver Family Law Attorney can help you come to an agreement with your spouse about the best way to raise your children. This can best be accomplished through mediation, which engenders a spirit of cooperation between the parents, but it may also require parents to take a class in post-divorce parenting. The team at the Colorado law firm of Clawson & Clawson, LLP is experienced in all aspects of family law and can offer you a free consultation.

Determining Jurisdiction Over Military Benefits in a Colorado Military Divorce

With so many complicating factors to consider, getting a Military Divorce In Colorado is confusing enough; but determining jurisdiction for the division of military divorce benefits can make it even more complicated.

The Uniformed Services Former Spouse Protection Act (USFSPA) was developed to allow the divorce courts within a state to divide up the “marital assets” share of military retirement pay as if it were community property. While the main provisions of this law are clearly understood by most couples, there is one provision that is often overlooked; Jurisdiction.

Jurisdiction in a Colorado military divorce requires that two prerequisites are met. One of these is personal jurisdiction. This can be established in Colorado if this is where the service member is stationed, where their spouse lives, or it is where the military member claims legal residency. The second part requires the state to establish authority over the matter in dispute, also known as “subject matter jurisdiction”.

Jurisdiction in Colorado may also be granted when the service member grants his or her consent to that court. However, this is where things can get a little tricky. If one party has figured out that is in their personal best interest for the case to be decided in a specific state (like Colorado), and all that is required for that state to have jurisdiction is for their spouse to accept the summons or contact that court, then the other party could be putting themselves at risk for financial loss.

This is why it is so important to contact a qualified and experienced Military Divorce before signing anything. The military divorce attorneys at Clawson & Clawson LLP will offer a free initial consultation for your Colorado military divorce.

What is Your Accident Claim Worth? Ask an Attorney

How much is an accident claim really worth? That’s a question that many people ask at their first meeting with a Colorado Personal Injury Attorney. Not surprisingly, the answer isn’t always that obvious, but most experienced Colorado Springs Personal Injury Lawyer can accurately predict the outcome of their newest cases. One way to determine how much compensation you can expect is to look at the different types of “damages” available.
In the world of personal injury law, damages are what is paid to the injured party, or plaintiff, by the person or party responsible for the injury (defendant.) In a negotiated settlement, the actual amount of damages awarded will be determined by the parties, their insurance companies and their attorneys, unless they decide to let the judge decide the case in court.
Below is a list of the different compensatory damages available when filing an accident claim with your attorney. Any damages awarded to the plaintiff in a personal injury case are designed to make the injured party “whole” again, at least from a monetary perspective. While it may be impossible to reverse the health-related implications of an accident or replace property that has been destroyed, but the court will attempt to put a dollar figure on the consequences of what happened. The only difficulty is when they try to place a monetary value on the plaintiff’s permanent disability or lingering pain from an accident-related injury.
An accident claim may result in the following compensatory damages, depending on the situation.

• Medical treatment – this covers the cost of medical care related to the accident or injury. It also includes the cost of medical treatment you will need in the future.
• Income replacement (lost wages) – you may be entitled to this if the accident had an impact on your salary or wages. It includes the income you have already lost plus the money you would have had the potential to earn in the future.
• Property loss – this could include any vehicles, clothing or other items that were damaged or destroyed in the accident. You will be entitled to repairs or replacement costs for the fair market value of the property.
• Pain and suffering – you may be entitled to receive damages for pain and suffering if you have experienced serious pain or discomfort during and after the accident.
• Emotional distress – normally linked to more serious accidents, emotional distress compensates the plaintiff for the psychological impact of a serious injury, including anxiety, fear and insomnia.
• Loss of enjoyment – when an injury keeps you from enjoying your favorite pastimes, such as running, boating, playing with children or traveling, you may be entitled to these damages as well.

An accident claim will not necessarily result in all of these compensatory damages, and the defendant’s insurance company is likely to dispute certain types of compensation, but an attorney can ensure your case is properly presented in court.

Simple Divorce in Colorado Springs with Affidavits

Need for Simple Divorce Procedures in Colorado Springs

The Colorado Revised Statutes are complex. This is one of the reasons why you need a competent Divorce in Colorado Springs to help you make your case. Not only does one have to know the various sections of the law along with all relevant annotations and exemptions, you also need to understand court procedures, which forms to fill, who to give them to and so on and so forth.

For couples undergoing a divorce, this can create a layer of stress that's added on to an already emotionally charged situation. But these procedures are important for divorces where the two parties don't agree to the divorce terms and need to fight it out. However, some divorces can be amicably settled and Colorado law gives such couples a chance to easily conclude their divorce without too many problems.

The technical term is called "Dissolution of marriage upon affidavit" and is laid down in Title 14, Article 10, Section 120.3 of Colorado law. There are a few conditions that need to be met for this procedure to be accepted by the court. Let's take a look at them below.

Conditions for Divorce on Affidavit

There are four conditions that need to be met before the court will accept the affidavit of either spouse.

Minor children

There must be no minor children in the equation. The wife mustn't be pregnant either. This removes a major complication in any divorce proceeding. However, in case there are children, both parties must agree to a separation plan with the help of attorneys from both sides. The agreement must address issues such as parental responsibilities as well as how much child support needs to be paid by either party.

Marital Property

There must be no marital property that needs to be divided between the two. In case such property exists, the two need to agree on how to divide it.

Serving Notice and no other problems

In case one of the spouses files an affidavit, the other must be served according to the legal procedure laid down by law. Also, there must be no other important issue to decide between the spouses that can have an impact on the outcome of the divorce.

Engaging a Divorce Lawyers in Colorado Springs

Both parties need to be represented by council in case there are children involved. In addition, the court isn't obliged to enter a decree of dissolution based on the affidavits, but can order a formal hearing if it thinks it fit. To ensure there are no problems with the affidavit and procedures, you need to engage a competent divorce attorney. Our Clawson & Clawson lawyers are well equipped to handle these cases. Contact us for a free initial consultation.

Six Important Questions to Ask When Hiring a Colorado Springs DUI Attorney/Lawyer

Few offenses call for more legal advice than DUI cases, and at this stressful time it is critical to seek the advice of experienced DUI attorney. Look for a Colorado DUI attorney with the knowledge and experience to refute the evidence that the state of Colorado has against you.

If you have been arrested for a DUI offense in Colorado Springs, you could be facing incarceration, driver’s license suspension or revocation and heavy fines. DUI charges can also put a strain on your family relationships and cause difficulties with your job, car insurance and transportation, not to mention your reputation. 

If you find yourself in this situation, it is important to know your rights. Hiring an experienced Colorado Springs DUI attorney/lawyer is a great place to start, but you will need to know the right questions to ask. 

1) Ask for examples of recent DUI and DWAI cases, and when the next one is scheduled. Your prospective attorney should have years of experience in Colorado Springs and a high level of familiarity with Colorado state DUI law. If they haven’t handled a DUI case within a few weeks of your consultation, then they are probably not a DUI specialist. Whenever possible, attend a hearing where they are defending a client against a DUI charge, and make sure you are happy with how well they perform in a courtroom.

2) Do you have any training in the use of SFST, or Standardized Field Sobriety Tests?
These are the roadside tests that the arresting office most likely ordered you to perform at the scene, and once again the answer should be yes. An attorney who is familiar with these testing methods will be able to easily refute incomplete or insufficient evidence.

3) What percentage of your practice is dedicated to DUI defense? This can include vehicular homicide and assault, and the answer should be 50% or higher. If not, then a firm should be able to assign you to work with an attorney who specializes in DUI defense. 

4) Have you been trained and/or certified on the operation of the Intoxilyzer 5000 breath-testing machine? Again, the answer should be yes, since many mistakes occur during the breath-test, either because of the operator’s handling of the machine or defects in the machine itself. 

5) Are you familiar with the tests given by a Drug Recognition Expert, or DRE? If you were examined by a DRE, you were given a more thorough round of tests, including blood-pressure, pupilometer, and some unfamiliar medical tests at the time of your arrest. A good DUI attorney will be familiar with the type of evidence that will be presented in your case, and will be prepared to present a sound defense on your behalf. 

6) How much formal training have you had in blood testing for DUI cases?
Your potential Colorado Springs DUI attorney should be very familiar with this type of testing, especially if you plan on contesting the blood-alcohol test in your case.

A DUI charge needs to be taken very seriously if you want to avoid dire consequences. You will need a Colorado Springs DUI attorney who knows the system and will be on your side. Look for an attorney who know the DA's and the judges and who can step in and take care of your case aggressively and competently.

How to Choose an Ethical Colorado Personal Injury Attorney

If you’ve ever heard the term “ambulance chasers,” you may also know of a few lawyers who fit this description perfectly. Fortunately, not every Colorado personal injury attorney is trying to drum up new business by looking at recent accident reports, as it was this practice that gave personal injury practices a bad name. It is considered “improper solicitation” for attorneys to solicit victims of recent car crashes by letter, telephone, or both. If this happens to you, do not trust that the lawyer is ethical.

There are plenty of reasons to hire a Colorado personal injury attorney and even more reasons why they do not deserve a poor reputation. However, few people think of these things until they are faced with a disruptive injury.

Here are a ways that an ethical Colorado personal injury attorney can help you: 

• They can force an insurance company to fairly compensate the injured.
• A Colorado Springs personal injury lawyer can ensure that someone involved in the accident is held accountable for the damages and injuries they caused;
• When dealing with a property related injury, a personal injury lawyer can ensure that the property owner is held accountable for their carelessness, which resulted in an injury on their property.
• A Colorado personal injury attorney can force an employer to create a safe workplace for employees and force landlords to provide safe apartments, free from defects that could be hazardous to their tenants.
• Ethical attorneys can force dog owners to prevent their dogs from biting people, as well as other dogs.
• They can also force manufacturers to produce good products that are not dangerous by discouraging them from cutting corners;
• Lastly, a Colorado personal injury attorney can hold accountable those who intentionally harm others through their actions, or through inaction.

When it’s time to consult with a Colorado personal injury attorney, don’t just go with the first person reaches out to you. You will want to interview several attorneys and learn as much as possible about their reputation and experience. A good Denver Personal Injury Lawyer will do more than get you the compensation you deserve; he or she will also do their best to prevent the same thing from happening again.

To learn more about how a Colorado personal injury attorney can help make you whole again after an accident, consult with one of the experienced lawyers at the law firm of Clawson & Clawson, LLP in Colorado Springs.

Military Divorce - Are You on Active Duty?

Military Duty and Divorce Proceedings

Unlike other jobs, military duty can require a Service Member (SM) to be posted far away from the place where court proceedings are held. While it is true that some other professions also require this, the US government has granted special privileges to military members in this regard. The act under which they are granted these special exemptions is called the Service members Civil Relief Act (SCRA).

The SCRA covers a wide range of situations in which mililtary members find themselves and has been amended several times to include new ones. The last amendement as of this date took place in 2003 under President Bush. It provides protection against default judgements, evictions, mortgage issues, life insurance, taxes, and many more cases where active duty can prevent an involvement in the case. In the case of a military divorce, it's recommended that you contact a Colorado Springs military divorce attorney to understand how the act impacts your specific case.

Provisions under the SCRA

A court can authorize a stay if a service member has received notice of the proceedings and is on active military duty. It also applies if three months haven't passed since the termination of duty. The court can give a stay of at least 90 days provided two condistions are met. First of all, the SM must give it in writing that he or she cannot appear. The letter must also give a date when the SM can appear.

Second, the SM's commanding officer must endorce the postion of the SM and certify that leave isn't available and that he or she can't appear before the court.

Additional Stay provisions

In case further delay is necessary, the SM can apply for an additional stay. If the additional stay can be foreseen at the time, the initial letter asking for a stay can also contain this request. As before, the relevant commanding officer must give a letter to substantiate the SM's position.

In some cases, the court may decide not to grant the additional stay. If this is the case, it is necessary for the court to appoint a counsel who will represent the service member in his or her absence.

Hiring a Lawyer

In order to take full advantage of the SCRA, it's important to hire a Divorce Lawyers In Colorado Springs to help you out. It's important for the court to understand that the application for a stay isn't frivolous and our Clawson & Clawson attorneys can ensure that you're heard seriously. Contact us now for a free initial consultation.