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Denver Divorce Law Blog

Responding to divorce papers you did not want to receive

Being served with divorce papers is very rarely a pleasant experience. This is especially true in cases where the decision to divorce is not mutual. Sometimes, one spouse decides that remaining a part of his or her marriage is not the healthiest option, even if the other spouse does not agree with this assessment. Receiving divorce papers that you do not want and did not ask for can be a truly trying life event.

Your first instinct may be to shred, burn, bury or ignore your unwanted divorce papers. However, it is important that you respond to them with a sense of urgency. It is completely normal to want to avoid an unwanted divorce process. However, your future wellbeing and financial stability may depend on your ability to face this situation head-on.

New Drunk Driving Law to Make Repeated DUIs a Felony

New Drunk Driving Law to Make Repeated DUIs a Felony In Colorado, a new bill for a drunk driving law to make multiple DUIs a felony offense has gone through the House and has been approved unanimously to be passed and for the required funding. This proposed drunk driving law provides a harsher response in Colorado to those who drive under the influence of alcohol; currently such an offense is considered only a misdemeanor no matter how many times a person has been convicted of driving drunk previously. Now, if a person receives three DUIs over a seven-year period or four over their lifetime, they will be charged with a Class Four felony which carries a sentence of two to six years in prison.There has been little opposition to the bill, and those who have spoken out against it have pointed out their concerns about the “lifetime” DUI limitation in this new drunk driving law. House Speaker Mark Ferrandino D-Denver noted, “say you have a driver who gets a DUI when he’s younger and another in this thirties. What happens when he gets another one when he’s sixty and another one when he’s seventy – do you really want to call him a repeat offender?” However, despite this concern, this new bill has garnered strong support and is expected to become law.This bill brings Colorado in line with thirty-seven other states that currently have drunk driving laws that make driving while impaired a felony offense for repeat offenders. At The Law Center we believe no one should ever drive while under the influence of a substance that impairs them. However, if you have been arrested and are awaiting trial for a serious criminal charge such as a DUI; you owe it to yourself, your loved ones, your liberties and livelihood to do what you can to avoid these harsh punishments. You should contact the experienced Law Center P.C. criminal defense attorneys at 303-991-5200 or right away.Courtesy of : The Law Center PC

CEO Robert B. Wareham and wife attend NightSparks 4th Annual Fundrasier April 5th

CEO Robert B. Wareham and wife attend NightSparks 4th Annual Fundrasier April 5th CEO Robert B. Wareham and wife Jennifer Holschuh-Wareham attended LifeSpark Cancer Resources 4th annual spring fundraiser NightSparks hosted by KUSA and KOSI 101′s Denise Plante.Read more about LifeSpark Cancer Resources Annual fundraising event by clicking on the link below! : NewPara

Weekly FAQ #2: Spousal Maintenance

Weekly FAQ #2: Spousal Maintenance A common question that comes up during a divorce is “what spousal maintenance am I entitled to?” and the answer to that question varies. A new law in Colorado defines the potential payment for spousal maintenance for a couple whose combined income is less than $240,000 with a formula that includes taking 40% of the higher earner’s wage and subtracting 50% of the lower earner’s wage. As an example, if the higher earner made $100,000/yr and the lower earner made $50,000/yr, the spousal maintenance amount paid to the lower earner would be $15,000/yr. For spouses whose combined income is over $240,000 the rules are less clear.Additionally, according to Colorado divorce law, the necessity of spousal maintenance varies. In some cases if both wage-earners make the same amount no maintenance will be awarded unless there are circumstances such as children needing special care. If one spouse does not work, barring extenuating circumstances the spousal maintenance will be temporary with the intention of helping the lesser-earning spouse find more lucrative employment or gain more education.The rules that surround spousal maintenance in Colorado can quickly become confusing especially if disabilities or children are involved. Ensure you receive what you deserve from your spouse; call The Law Center today at 303-991-5200 to schedule your free consultation and discuss your spousal maintenance. : The Law Center PC

Mom in South Carolina arrested for cursing in front of Kids. Could it Happen in Colorado?

Mom in South Carolina arrested for cursing in front of Kids. Could it Happen in Colorado? A story has been going viral on the internet of a mother in South Carolina who was arrested for swearing in public. She was shopping for groceries and allegedly told her husband or her children to “stop squishing the f***ing bread.” Another shopper overheard her and called the police, who arrested the mother under South Carolina’s disorderly conduct law, which prohibits “cry[ing] out in a noisy, scandalous, or abusive manner” in a public place or “utter[ing], while in a state of anger, in the presence of another, any bawdy, lewd, or obscene words or epithets.”Whatever one thinks of the mother’s language, it is much less likely that such a situation could happen in Colorado. Colorado’s disorderly conduct law does not have the broad language of South Carolina’s. Under Colorado’s statute, a person commits disorderly conduct if he or she “[m]akes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace. This means that cursing in public alone is not likely to provide sufficient grounds for an arrest, no matter what language is used, unless the language tends to incite an immediate breach of the peace.Colorado’s statute is more in line with the United States’ Supreme Court’s reading of the First Amendment to the United States Constitution, which has upheld free speech rights to such conduct as wearing a t-shirt in a courthouse saying “F** * the Draft,” and generally protects speech unless it is directed to inciting and is likely to incite imminent lawless action. Unless there is significantly more to this situation than revealed in the news reports and the police officer’s incident report, it is hard to see how the arrest and charging of the mother is lawful under the United States Constitution.The South Carolina Mom is not due in Court until September 12, 2014, but we hope she obtains the services of a good local attorney and challenges this unconstitutional arrest. : NewPara

What Are My Rights if I’m Pulled Over?

What Are My Rights if I’m Pulled Over? If you’re stopped by a law enforcement officer, you should ensure you are courteous and polite. It is not legally required, but it is not to your benefit to be combative or rude. An important thing to remember is that you are not by law required to tell the officer anything about where you’ve been or if you have had anything to drink that evening.Additionally, by law you have the right to decline to perform any field sobriety tests. You do not have to exit the vehicle unless you are being taken into custody and you may legally request that the officer issue you a citation and let you be on your way. You do not have to consent to a field Breathalyzer test, either; this test is inadmissible in court and is only useful to incriminate you.However, if you are taken into custody at any point during your interaction with police the rules change. Once you are in custody you are required by law to consent to a breath or blood test for alcohol, or a blood test for marijuana. Refusal to comply with one of these tests will result in an automatic one year suspension of your driver’s license as Colorado has a law known as the “implied consent” law. When you signed your paperwork for your license, you agreed to consent to a blood or breath test should you be suspected of being under the influence and subsequently taken into custody. : The Law Center PC

Weekly FAQ 8: Will I Get a Better Plea Deal With An Attorney?

Weekly FAQ 8: Will I Get a Better Plea Deal With An Attorney? A common question among those considering an attorney is whether or not they will receive a better plea deal if they have an attorney. Often the first plea deal offered would be offered regardless of whether or not you have an attorney. However, it may not be the most beneficial deal for you.An experienced attorney would know whether the plea deal was a good choice for you, or if you might be able to get a better deal once more factors have come to light. Your experienced attorney would know if any testing done on blood alcohol content would be admissible, the laws on field sobriety tests. Your attorney can help you present yourself in a better light and actively seek rehabilitation programs that will help the prosecutor see you more favorably.At The Law Center, PC we feel that you should have your best chance when you’re facing a prosecutor and a plea deal. Call our experienced attorneys today at 303-991-5200 and schedule your free consultation with one of our experienced attorneys. Let us help you get the best plea deal. : The Law Center PC

Weekly FAQ #7: Difference Between Chapter 7 and 13 Bankruptcy

Weekly FAQ #7: Difference Between Chapter 7 and 13 Bankruptcy When considering the intimidating decision to declare bankruptcy, it can be confusing trying to navigate the different types. The two types of bankruptcy available to you are chapter seven, and chapter eleven.In a chapter seven bankruptcy, you are asking the court to liquidate all of your non-exempt assets, and use that money to settle your debt with your creditors. This debt can usually be discharged within a matter of months.With a chapter thirteen bankruptcy, you retain all of your property. In this situation you go through the courts to file a repayment plan and over the years discharge all of your debt. This is a slower process than a chapter seven bankruptcy, but its main advantage is not needing to liquidate your assets.Call The Law Center today at 303-991-5200 and schedule your free consultation with one of our experts to discuss your situation and find out which type of bankruptcy is the best choice for you. : The Law Center PC

Estate Planning: How to Incorporate Values and Faith

Estate Planning: How to Incorporate Values and Faith Passing along values and beliefs, for many, is as important as a tangible inheritance. Estate planning is a method of accomplishing this. Many opportunities include:End of Life CareAn Advanced Directive, Colorado MOST, and healthcare power of attorney allows you to name a trusted friend or family member to carry out your wishes in the event of an illness. This person should be someone who shares your values and faith and will honour your wishes regarding your end of life needs. You may also wish to write instructions regarding organ donations, medication for pain, and hospice arrangements. You may wish to be visited by a member of your clergy. Women who are expecting may want decisions made based on how it will affect their child as well.Funeral ArrangementsYour faith may affect how you choose to be buried – whether or not you wish to be cremated, have an autopsy performed, or be embalmed. Your faith may define how you want your funeral services to be performed. You may choose to have a predefined list of people you would prefer come to your wake, and you may wish to pre-pay for your burial plot to prevent overspending from grieving family.Charity ArrangementsA common tie among many people of faith is their willingness to provide to charity. Making a final distribution to a synagogue, hospital, university, or other favored cause is something you should ensure you have written into your will. Inheritance ArrangementsAnother way you may choose to show your love to your family members is to plan the distribution of your assets following your passing. Providing for the religious education of your children and grandchildren may be the way you choose to do so. If your children are still young, choosing someone of your beliefs to raise them and manage the assets left to them will be something you’ll want to consider.Call The Law Center today at 303-991-5200 and schedule your free consultation, let us help you ensure your end of life arrangements are in line with your faith and your wishes. : The Law Center PC

Will Bankruptcy Ruin My Credit Forever?

Will Bankruptcy Ruin My Credit Forever? A major concern for someone considering bankruptcy is the worry over whether or not it will ruin their credit forever. When you file for bankruptcy, you essentially put a line in the sand and let your creditors know that you are in over your head and you cannot reasonably pay the debt off. In some cases you may liquidate your assets to settle the debt and in others the courts may rule that your debt must be discharged.When your debt is discharged, your credit report will show a 'removed in bankruptcy’ indication instead of showing debts owed. This indicator usually stays on your report for seven to ten years, and then is automatically removed. As soon as two years after bankruptcy you may be approved for a home loan. You may consider applying for a secured credit card which relies on a downpayment from you to establish a credit line. Much of rebuilding your credit relies on not repeating the same mistakes you did prior to your bankruptcy. Choosing this path does not create an immediate clean slate but it does give you a chance to get out from under the crushing weight of debt beyond what you have the resources to ever pay off.Call The Law Center PC today at 303-991-5200 to schedule your free consultation with one of our debt relief experts, and find out if bankruptcy is the right choice for you! : The Law Center PC

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