In the State of Colorado, when you have a pending family law case before the court, such as a divorce filing, allocation of parental responsibilities filing, post-decree modifications, etc., courts typically require that the parties attempt alternative dispute resolution (ADR). In fact, C.R.S. 13-22-301, et seq. states that courts can require the parties of a contested issue or dispute to engage in some form of alternate dispute resolution. The mediation is the most common form of alternate dispute resolution utilized by family law litigants, there are methods by which parties may elect to resolve their issues. Continue reading
With the ease of technology making the prospect of recording phone and in-person conversations with a soon to be ex-spouse so much easier, more and more clients are presenting me with recorded conversations (whether audio or video) with their spouse for potential use as evidence in their divorce cases. A whole host of issues arise whenever this occurs.
The foremost consideration is ensuring that the recording was made legally. Colorado is one of the many states that allows for “one party consent” as an exception wiretapping criminal laws. C.R.S. § 18-9-303. What this means is that if there is one party to a conversation that consents to the recording of the conversation, then that is generally legal in Colorado. So, if you, as a party to a conversation, consent to the recording of the conversation, even if the other party is unaware that the conversation is being recorded, that is not illegal in Colorado. Continue reading
New Years 2018 is upon us. It’s that time of year again for reflection and new beginnings. We all have room to grow and improve, especially when you’re attempting to co-parent through a divorce, or even after. The holidays can be an especially difficult time and every person’s situation is different. Poor and negative communication can only make the situation work. Today, there are many ways of communicating, whether via phone, email, text, or a third party parental communication site. Regardless of the media, how things are stated still matters, and venom can also come through in written words. When it comes to communicating with your ex about the kids, here are some things to consider.
Tone & Language: I tell every client that comes through my door, “communicate with the other party as if a judge is looking over your shoulder,” because typically, that’s what will end up happening when you have a dispute that the courts need to resolve. No matter how frustrated you may get, you should avoid using derogatory language, even if the other side “started it first”. Poor parenting behavior is often the first accusation made in contested child custody cases and you want to make sure your communications do not support that. Only you can control how you respond. Continue reading
By: Jessica A. Bryant
As technology advances, it also impacts the way parties to a Denver family law case may try to present evidence to the court. However, these advancements are not always for the better. One major development is the creation of cell phone apps that purport to allow you to print off the text message from your phone. These apps make it sound perfect for a court proceeding- what better way to present your text message evidence to the court than through an app that coverts your text messages into one complete document? The problem with these apps is the method by which they convert the text messages to be printed out. If you try using such an app, you will find that what is printed out is basically a document of typed conversations. It really looks no different than what you could create in a word processed document. In other words, it is not as if the app is printing the text messages as depicted on your phone. The app converts the text message format and, through this conversion, changes the reliability/authenticity of the text message conversation.
In order to admit a document into evidence, pursuant to the Colorado Rules of Evidence, the court needs it to be authenticated. In other words, the court typically needs a witness to confirm that the document is what it purports to be. However, getting a document admitted is only the first step. Once a document is admitted the court gets to decide how much weight it gives a particular document. In other words, a report from an impartial expert on the case, who may have conducted a detailed investigation, met with the parties, the children, and made insightful recommendations to the court, may be given significantly more weight than a letter from a party’s mother saying they are a great parent. Both documents may be admitted because the expert and mother confirmed the submitted document was what the attorney was claiming it to be. That does not mean, though, that the judge will view both documents with the same amount of consideration. Continue reading
According to the Colorado Judicial Branch 2016 Annual Statistical Report, starting at page 32, there were 34,966 family law court filings in 2016. In speaking with court clerks, some will say that up to 70 percent of those are done by people without attorneys. We’ve written on the subject of proceeding without an attorney several years ago, but I figured an update was in order. The legal system is a unique area of practice in that it allows for individuals to represent themselves (a term referred to as appearing “pro se”) in a Court of Law. This holds true for Denver family law cases. However, the court will still hold them to the same standard as a practicing, licensed attorney. So, what do you do when you find yourself being brought to court or needing to take someone to court with a family law dispute?
It takes two to tango and the same can be said for a non-contested case. More often than not, there are going to be issues that the parties cannot agree on or may be entirely unaware of. The court cannot give you legal advice, so where do you turn to ensure that your rights and interests are being protected? That’s where having an attorney is invaluable. Having an an experienced family law attorney in your corner adds that extra layer of protection and insight.
The unfortunate reality is that conflict has a cost. Abraham Lincoln said, “A lawyer’s time and advice are his stock in trade.” Attorneys do not work for free and they cannot finance your case for you. However, the way I recommend clients look at it is as an investment in their future. You are retaining an attorney for their expertise and ability to get you through this process. A majority of the work that I do on a daily basis is trying to undue or fix past outcomes because a person did not have a lawyer and tried to do it themselves. Some of the hardest cases for me to turn down are ones where a person calls because they have a final hearing coming up last minute and are not prepared. If available, I will certainly take those cases on. However, when an attorney is not available for a last minute hearing, the litigant may end up having to do the case on their own. The hope and goal are that you only have to go through this process once, so let’s do it right the first time. Continue reading
By: Stephen J. Plog
As a Denver divorce lawyer, I regularly meet with people in need of help with their family law cases. With each meeting, I have to be conscious of each person’s level of awareness when discussing the legal aspects of their case. After almost twenty years of practicing family law, it’s easy to forget that to the person going through their first introduction to the world of divorce, the common phrases that attorneys use may sound like complete gibberish unless explained. The soup of divorce related terms which might cause confusion for the person going through divorce for the first time is no more intelligible than if I were talking to a computer technician or mechanic about the specific parts of a computer’s CPU or the specifics of how a to rebuild a car engine. Below I will list some of the common terms one might hear when going through a divorce, with the intent of educating so as to help readers make sense of some of the words they might hear, yet not fully understand.
Petition: A petition is the initial document filed in a divorce case. It lets the court know a brand new case is being started. For divorce, the petition is called a “petition for dissolution of marriage.” In a custody case it would be called a “petition for allocation of parental responsibilities.” Petitions must be personally served upon the other party, along with a “summons.” Once petition and summons are personally served, the court has jurisdiction over the second party to the case. Continue reading
By: Jessica A. Bryant
The goal of this series of blog posts is to help people who have not been through a family law court hearing anticipate what questions they may face from the judge, opposing counsel, or the opposing party during that hearing. Part 1 of this series focused on what questions may be asked during a hearing on supposal and/or child support. In Part 2 of this family law article, focused on what questions may be asked during a hearing regarding child-related issues (decision-making and/or parenting time). This last part will focus on what questions might be asked during a divorce hearing regarding issues of property/debt allocation, attorney’s fees, and other miscellaneous questions that may be faced.
By: Sarah T. McCain
When your case entails contested litigation and moves towards a court hearing, you and the other party will ultimately need to present your evidence and arguments to the judge. The end result of your hearing will be the entry of orders regarding the various issues. Hearings scheduled by the court can range from as little as thirty minutes to several days. Post-decree modification hearings might take two hours, while a contested, final divorce hearing could be set for all day. In all proceedings, the time to present your testimony and arguments (your case) will generally be split equally between the two sides. As such, it’s important to make sure that your time is not only used wisely but that you also make the best impression you can while presenting your testimony to the court. Getting to the truth and assessing witness credibility is one of the primary goals of any court proceeding.
Following the testimony of both parties and any other witnesses, the court will provide its order to the parties. During this order, the judge or magistrate will generally make a finding as to the credibility of the parties and any other witnesses. This determination of credibility, or not, could have a significant impact on what the court ultimately concludes. You may be saying the right things in terms of your story or conveying relevant facts, but if the court does not find you to be credible (truthful), it may not matter. Some witnesses have built in credibility. These include, but are certainly not limited, to professionals who review the case, public persons, such as police officers, or perhaps neutral witnesses, with no vested interest in the outcome. As a lay witness with an interest in the hearing, it’s important to make sure your credibility stays intact and there are things that you can do to ensure that your credibility is not questioned. Continue reading
By: Jessica A. Bryant
The goal of this series of blog posts is to help people that have not been through a family law hearing anticipate what questions they may face from the judge, opposing counsel or the opposing party during the hearing. Part I of this series focused on what questions may be asked during a hearing on supposal and/or child support. This Part 2 focuses on what questions may be asked during a hearing on child custody related issues (decision-making and/or parenting time). The third part will focus on what questions may be asked during a hearing on issues of property/debt allocation, attorney’s fees, and other miscellaneous questions that may be faced. Keep in mind that all the forms and instructions available online tied into family law, such as the Colorado divorce instructions on the State Judicial Branch website, might give information on how to proceed with a case, but do not prepare people for what a court hearing is really all about.
Colorado no longer uses the term “custody.” Parental responsibilities are broken up into decision-making responsibility (who makes major decisions for the children) and parenting time (the schedule of time the children have with each parent). When initially deciding decision making and parenting time, the court is governed by the best interest standard set forth in C.R.S. 14-10-124 (several different factors for the court to consider what is best for the child). Therefore, many of the questions in an initial parental responsibilities hearing may be focused around the best interest factors. It is recommended that, when structuring your testimony (the statement you give to the Court) you research the best interest factors and explain to the court how they support your requests. Continue reading
By: Jessica A. Bryant
For many people in the midst of a divorce or custody case, it may be the first time they have ever been to court. One looming question many people have is what to expect when attending a family law hearing– a large part of which includes what questions they may be asked when testifying. This series of blog posts will explore potential questions you may face during a hearing on your Colorado family law case, with segments being presented by subject matter.
This Part 1 will focus on what questions may be asked in a hearing on maintenance (spousal support) and/or child support. Part 2 will focus on what questions may be asked during a hearing on child-related issues (decision-making and/or parenting time). Part 3 will focus on what questions may be asked during a hearing on issues of property/debt allocation, attorney’s fees, and other miscellaneous questions that may be presented.
For a hearing regarding spousal support and/or child support, one main point of focus will be each party’s income. Therefore, many of the questions you may face during such a hearing will be on your income. If you are employed some of the questions may be as follows: Continue reading