Don’t Fight a First DUI Offense Alone

Facing DUI charges for the first time can be scary. Chances are you may lose your driving privileges, pay a fine and even face jail time, depending on the severity of the crime. A seasoned Colorado DUI defense attorney can help you build a solid defense while ensuring you receive fair and just treatment under the law. You may be accused of a crime, but you still have rights that law enforcement and other legal entities must adhere to.

Colorado DUI laws consider a driver under the influence if he is caught driving with a blood alcohol content (BAC) of more than .08. A first DUI offense is punishable by a 5-day to 1-year jail term, a $600 to $1,000 fine and 9-month suspension of your driver’s license. In addition, 12 points are added to your license and you may be required to perform 48 to 96 hours of community service. If you agree to attend alcohol classes or undergo an alcohol treatment program, your attorney will try to get your jail term suspended.

When you are pulled over, you can refuse to answer any questions until you have an attorney present. You can also refuse to submit to a roadside breathalyzer test, but it would be in your best interest to submit to a blood or chemical test upon request. Refusing to submit to either a blood or chemical test could result in suspension of your driver’s license, and it would hurt your defense in court. Submit to the test and let your DUI defense attorney handle the legalities. Your attorney can review and verify that any blood or chemical tests were performed according to the law, as well as check for any incorrect data that could help you avoid a conviction.

What Happens to Children and Property in an Annulment?

An annulment usually occurs after a relative short period of marriage–a period typically too short for the couple to have accumulated any significant property together. However, if a couple has managed to accumulate property together, property division has to be decided and dealt with.

To get a divorce in Colorado, a couple must prove that the marriage is irretrievably broken, so you can imagine that getting an annulment isn’t as easy as it may seem. There are certain circumstances under which the courts may grant an annulment. An experienced Colorado family law attorney can advise you as to what those circumstances are.

If you are granted an annulment in Colorado and there is the issue of property you and your former spouse accumulated during the marriage, the courts will decide who get what unless you have a separation agreement that outlines how you want the property to be divided. If your spouse owned property and you didn’t, you will have no legal rights to it under an annulment (as you might if you were getting a divorce). Likewise, you will also have no legal rights to any inheritance your former spouse may have and vice versa.

Children are considered legitimate even if a marriage is annulled, and the courts will proceed the same as they would if the couple was divorcing, which typically involves determining child custody and payment of child support. It would be wise to consult a Colorado family law attorney to discuss your legal rights pertaining to child custody and support, as well as your right to any retirement accounts you and your former spouse may have jointly owned.

Colorado’s Tough Stance on Domestic Violence

Colorado county courts filed 14,123 domestic violence cases in 2006. Intimate partners commit nearly half of all murders in Colorado, and the majority of the victims are female. Boys who were exposed to domestic violence are twice as likely to end up abusing their own partners and children when they are adults.

Lack of affordable housing makes the transition from shelters to permanent residences difficult for domestic violence victims. From 2005 to 2006, the number of domestic violence victims requesting emergency shelter declined while the number of victims requesting shelter for extended periods increased. Victims who live in Colorado’s rural areas suffer from the isolation and lack of access to domestic violence services because of poor road conditions and inclement weather.

Colorado takes a tough stand against domestic violence. If you stand accused of domestic violence, you can go to jail. You will stay in jail with no opportunity to post bail before going before a magistrate. You will have to sign a mandatory restraining order to be released from jail. You will also be placed in the Colorado Bureau of Investigation and FBI’s National Instant Check System database for life and will have to go through extraordinary measures to be removed. You will never be able to own a firearm or any dangerous weapons or instruments. Likewise, if you work in a profession that requires the use of firearms, you can kiss your job goodbye.

It goes without saying that if you’re facing domestic violence charges, you will need a qualified Colorado family law attorney to advise you of your rights under the law and help you build a solid defense.

Tips for Choosing Guardians

Creating a will involves making many decisions–how to divide property, whom to bequeath your prized possessions, who will care for your children, etc. Choosing a guardian to care for your young children should not be done on impulse. Here are a few tips to follow when selecting a guardian.

Always name a temporary or short-term guardian, and a permanent or long-term one. A temporary guardian is one who assumed guardianship on a temporary basis, such as when you are temporarily incapable of caring for your children due to illness or being away on business for a few months. A permanent guardian assumes guardianship when you pass away.

Choose alternate guardians. You should choose at least two alternates for both your temporary and permanent guardians in the event either one is not available when you need them.

When considering a couple as guardians, decide whether you want both persons to be guardians or just one of them. If you name your brother and his wife as guardians, and something happens to your brother, his wife, whom you really never could stand, would be guardian of your children. Using phrases like “jointly only”, “alone” or “jointly or the survivor” will clearly define whom you want as guardians for your children.

Exclude in writing those individuals you do not want as guardians for your children. You can draw up a legal document naming such persons and have it notarized. Don’t worry about hurting anyone’s feelings. You have a right to protect the interests of your children after you are no longer around to do it yourself.

Are Separation Agreements an Option for You?

A marital separation agreement is a contract between a husband and wife who have decided to legally separate and/or live apart. The contract typically outlines property and debt division, child support and custody, insurance coverage and alimony, as well as other items of importance to one or both parties. It serves as a written agreement of the decisions both spouses agree to in the separation or divorce proceeding. In situations where neither spouses can reach an agreement, the court steps in to decide how assets are divided and child custody and support.

The separation agreement is usually presented at a hearing. A judge reviews the agreement to ensure it represents the interests of both spouses and that neither party was under duress when the agreement was created. Both spouses sign the document, and then it is notarized. While separation agreements are binding, they don’t necessarily mean a divorce is imminent.

You don’t have to retain an attorney to draw up a separation agreement, but it would beneficial for both spouses if one was retained. Marital separation often comes with high emotions that can make it hard to maintain objectivity. A qualified Colorado divorce attorney can ease some of the stress and make the process go smoother. The attorney can also make sure you don’t miss any important items, such as death benefits or pension payments that may be overlooked during what is usually an emotionally and mentally draining time. Unless you are well versed in divorce laws, you should consider enlisting the aid of an experienced Colorado divorce attorney who can advise you on what is permissible in your separation agreement in the state of Colorado.

Alimony Facts

If you live in Colorado and are currently in the process of a divorce after being married for a long time, the likelihood of you paying alimony is very high. How long you will be paying, or whether you will pay at all, will be determined by the Colorado divorce court based on certain factors, such as yours and your spouse’s standard of living prior to marriage and your ability to pay.

Colorado divorce judges generally award lifetime alimony where the marriage was longer than 20 years. Alimony in Colorado ends upon the death of either spouse or remarriage of the spouse receiving alimony. Some of the factors the courts look at when determining who pays alimony and how much include financial resources of the spouse seeking it and his or her ability to meet their needs on their own without spousal support; duration of the marriage; age and physical condition of the spouse seeking alimony; time necessary to get sufficient education or training to become self-supporting; and the ability of the spouse from whom alimony is sought to meet their own needs in addition to paying alimony.

The good thing about alimony payments is that they are tax deductible for the person paying it and taxable income for the person receiving it. The payments must be in cash and spelled out in your divorce decree in order to be tax deductible. In addition, you cannot file a joint return and claim the tax deduction. Should you fail to pay alimony, your spouse can sue you for the payments. You may also be ordered to pay your spouse’s attorney and court costs.

A Few Facts About Post-Nuptial Agreements

A post-nuptial agreement is the same as a prenuptial agreement, only it is drawn up after the wedding. It is also referred to as a marriage agreement or post-marriage agreement. It serves the same purpose as a prenuptial agreement–a legal contract between both spouses that protects their individual interests.

A post-nuptial agreement can come in handy for a number of reasons. Spouses may neglect to draw up a prenuptial but wish to protect their assets. A spouse may wish to provide for a child from a former marriage, may experience a change in his or her financial status, disagrees with his or her spouse about finances or one or both spouses may start a business after they are married.

Some advantages of post-nuptial agreements are that it can set a foundation early in the marriage to good financial management within the marriage. Post-nuptial agreements can also strengthen a marriage by outlining spouses’ rights and obligations to each other, fostering a greater sense of individual responsibility and reinforce a couple’s commitment to their marriage.

For a judge to consider such an agreement as a valid one, make sure that the contract contains full disclosure of all assets, has fair and equitable terms and is entered voluntarily by both parties. Additionally, you and your spouse should each retain your own attorneys, as the courts look upon post-nuptial agreements more favorably if both spouses have their own legal counsel. Meeting these conditions does not guarantee a judge won’t refuse to honor it, but it may increase the likelihood that he will enforce it.

Don’t Let a Divorce Put You in the Poorhouse

Even an amicable divorce is not void of emotional stress. Seeing your hopes for a lifelong marital commitment come to end creates of multitude of feelings, so much that finances is the farthest thing from your mind, except perhaps alimony and child support. As painful as it may be, you have to start getting prepared for life after the divorce, when fiscal responsibility will be solely on your shoulders.

Consider enlisting the aid of a Certified Divorce Financial Analyst to do a cash flow analysis to give you a better idea of your current financial situation. Your cash flow analysis should break down what you have in savings, fixed/variable expenses, discretionary expenses and debt payments.

Try to be reasonable when reaching a divorce settlement. The ideal settlement is a fair settlement for both you and your former spouse. Make certain you understand the short- and long-term ramifications of whatever settlement you reach with your former spouse. If there is anything you don’t understand, don’t hesitate to ask your attorney. Make a list of property that you must have and be prepared to compromise on property you want but could live without.

Protect your retirement assets by having a Qualified Domestic Relations Order (QDRO) drawn up. Lastly, close all joint accounts and get a copy of your credit file. Close any accounts you don’t use. Credit should be used sparingly and not as a means to pay your other monthly expenses. Be sure to pay off your credit balances in a timely manner.

Establishing Your New Financial Identity After a Divorce

Not only can getting a divorce affect your bank account, it can also affect your credit score and your ability to secure credit on your own. If you had any joint credit accounts with your former spouse and he or she does not keep up their end, it could affect your credit score.

Ideally it would be good to maintain a separate account in your name only while you are married, but many spouses combined bank accounts and finances. You should re-establish your own financial identity the moment you and your spouse separate, because you will most likely need credit to be able to start your new life as a single person. Apply for a department store credit card as well as a small line of credit for starters.

You should also request a copy of your credit report once you separate from your spouse. This is especially crucial if your former spouse was the one who handled all of the finances or all of the debt is not solely in your name. Some spouses get an unexpected surprise when they see how many loans and credit cards are in their name.

Now is a good time to consult with your financial advisor and attorney to determine how best to handle your current financial situation and make sure your rights are protected during your divorce. Pay off any joint debt if you can. Make sure you keep up regular payments on all your revolving credit lines. Close any joint bank accounts and cancel any joint credit cards. Do this now, not when the divorce is final.

Create a budget for yourself so you can on paper how well you are managing your money and where you may need to change some of your spending habits. You may have to decide what you can do without if you find you have less money to work with than you’re accustomed to. Now is the time to establish a steady source of income and re-establish some positive credit for yourself. Open a checking and savings account for yourself and be careful not to overdraw the checking account. Whatever budget you design for yourself, be sure it’s one you can stick to.

Property Transfer After a Divorce

The divorce process can be a relative smooth one or one that leaves you emotionally and mentally drained depending on the events that led to the end of your marriage. It’s easy to breathe a sigh of relief once the Decree of Dissolution is entered, but you’re not done yet.

Even if you and your ex did not own property such as land or a house, there are still property issues to bring to a closure. These include bank, investment and retirement accounts and personal property that should be split. You need to close any joint accounts and open new ones in your name only. Keep a copy of all final statements or checks for any assets so that you have a paper trail should any questions arise later on. You may need to have a Qualified Domestic Relations Order prepared in order to split retirement assets, and should be prepared to enlist the aid of an expert to handle this for you. In addition you will need to have a Deed prepared in order to transfer any real estate, as well as titles to transfer ownership of any vehicles. Make sure all these documents are filed with the appropriate government agencies to ensure the transfer process is complete and avoid liability issues.

Personal property should be divided in the presence of both you and your former spouse with the exception of when a Restraining Order is in place. It may be beneficial to have a neutral third party present. You may want to make a list of the property being divided among you or take photographs or videotape the proceeding to avoid claims of property damage at a future date.