Colorado Legal Blog

In an earlier article, we read about the Survivor Benefit Plan (SBP), and how former spouses can avail of the benefits of this scheme. However, not many know exactly how this is achieved. There are specific procedures and deadlines that need to be met in order for former spouses to ensure that they receive the benefits they are entitled to.

This article provides a brief overview of how to go about it. But a Colorado Springs military divorce attorney is the best person to handle the procedures and paperwork for you - just to be sure that you don't get caught in a technicality. What follows is just an outline to give you an idea of what happens.

Selecting former spouse coverage

In the case of a court order where the Service Member (SM) is ordered to provide SBP coverage to the former spouse, the procedure is that the SM must select the "Former Spouse Coverage" option when filling out the SBP forms. If he or she fails to do this, they will be held in contempt of court.

In case an SM has already retired and is ordered to provide SBP coverage to his or her former spouse, they have one year from the date of divorce to do so. They need to select former spouse coverage in the applicable form.

The "Deemed Election" request letter

Cases may arise where coordination between the two divorced parties is problematic. The former spouse may have no way of knowing whether or not the SM has fulfilled the formalities to pass on SBP coverage. In this case, he or she can issue a document called a "Deemed Election" request letter to the Defense Finance and Accounting Service (DFAS) department.

This deemed election letter will tell the DFAS that a court order has been generated granting the former spouse SBP coverage. A copy of the court order needs to be attached. In case the SM neglects to select the appropriate option when the time comes, the deemed election letter will override the SM's choice and implement the court order instead.

This deemed election letter must be submitted within one year of the court ordered SBP coverage.

Hiring an attorney

Due to the complexities in the paperwork regarding SBP, it's very important to hire a competent Colorado Springs divorce attorney who will be able to get the job done. Our Clawson & Clawson attorneys have experience in this area and are specially trained to handle these situations. Contact us for a free initial consulation.

Awarding of attorney's fees in Colorado Springs

In order to ensure that neither party is at a disadvantage in a divorce proceeding, sometimes the court will find it necessary to equalize the financial resources of one spouse relative to the other. One way of doing this is to make one pay the attorney's fees for the other who can't afford to do so.

This is a very important and substantive aspect of a divorce action in Colorado Springs. Unlike other cases where attorney fees are awarded based on the merits of the case, in a divorce proceeding, fees are awarded on the basis of (among others) ability to pay since the only grounds for divorce in Colorado springs is irretrievable breakdown. For this reason, it's critical to engage the services of a Colorado Springs divorce attorney who will be able to present the facts of the case cogently before the court.

Conditions for payment

Under section 119 of Title 14, Article 10 of the Colorado Revised statutes, for the court to award attorney's fees to one spouse it must be proved that the receiving party can't pay for the divorce litigation and support themselves at the same time. It must also be shown that the other spouse can afford to pay the amount that is required.

The court can require either party to pay prospective attorney's fees in advance during a divorce proceeding. The court will have the necessary jurisdiction if it also has the power to decide alimony and division of property. The payment of attorney's fees can also be necessitated if there are litigation proceedings relating to the pending divorce even during the marriage.

It's interesting to note that a prenuptial or an antenuptial agreement where either party agrees to waive attorney's fees in case of divorce can be declared invalid on the grounds of being unconscionable.

Hiring a divorce attorney

The hearing for awarding attorney's fees is a distinct and separate aspect of the dissolution of marriage process just like alimony and division of property. There are different considerations that the court will weigh which are distinct from those used for other procedings. For this reason, you must hire a competent Colorado Springs divorce attorney who will be able to handle your case expertly and put your point across in a manner consistent with the law and which the court will understand to be relevant. Contact us for a free initial consultation.

As a Colorado Springs criminal defense attorney, I wasn’t surprised by the recent article in Men’s Health Magazine, ranking Colorado Springs as the “drunkest city in Colorado” and the 16th drunkest city in the United States.  The study was based on more than just DUI arrests.  It also factored in the severity of DUI penalties and the number of DUI related deaths. In addition, the long term health effects of too much alcohol seem to be catching up with Colorado Springs residents, because it also ranks 17th for liver disease, a common result of frequent binge drinking. 

The reason I wasn’t too surprised by this study is that I see so many DUI and DWAI (Driving While Ability Impaired) cases coming through Colorado Springs’ criminal courts.  Even though the DUI laws are the 18th harshest in the nation, it still ranks 33rd for the number of total arrests for drunk driving. 

Use of license plate recognition software

Over the years, there has been an invasion of automated technology in the field of traffic management. While some view this as a good thing, its application has been questioned by those who fear an intrusion of privacy as well as the supposed infallability of these devices. For example, if a license plate recognition machine detects a traffic infraction, it's difficult to contest it without a Colorado Springs defence attorney since there's no one to question and no one to confront.

Recognizing these problems, the Colorado Revised Statutes allow many special protections against broken traffic rules detected by these devices. In this article, we take a look at some of these safeguards.

Safeguards

Many of the safeguards relate to the non preservation of records and making full allowance for the the fact that people would resent any gross intrusion into their lives by such machines. The authority in charge has to serve notice or summons with 90 days of the detection of the violation and the costs can't exceed those normally incurred by a civil service of process.

Significantly, any violation detected by an automated device can't be reported to the department. Even where the department is required to keep records under Article 2 section 121, no records of the violation should be maintained if detected by an automated identification system.

There are also strict signage requirements when a detector is in use. To take one example in the case of speed violations, a prominent sign should be placed 300 feet  before the detection device which informs drivers that such a system is present. Also except in the case of traffic signal violations, an officer must be present at all times when the device is being operated. Without the presence of such an individual, no violation is said to have occurred.

Another example of the leniency shown is the way in which a first time violator of the speed limit is treated. Provided the speed isn't exceeded by 10 miles an hour, such a person only receives a mail and a warning without being penalized in any way.

Engaging a competent attorney

There are many more sections of the law that a Colorado Springs defense attorney can help you with. For example, the exact way in which signs need to be displayed, along with other obscure exemptions that might be in place. It's very important for you to have an experienced attorney with you, and our Clawson & Clawson lawyers can help you navigate through the legalese. Contact us now for a free consultation.

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 Servicemembers 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.

Requiring a security to ensure Child Support

Maintenance such as child support is taken very seriously by the court. As proof of this, there is an entire article in the Colorado Revised Statutes called "Nonsupport" which lays down the penalties for a person who wilfully neglects to carry out his or her financial obligations in this regard. Title 14, Article 6, section 101 makes it class 5 felony for which physical incapacity is an affirmative defense. Given this, a Colorado Springs Divorce attorney is the best way for you to defend against such a charge.

Applicability of Traffic Regulations to Emergency Vehicles

All of the regulations laid down in Title 42, Article 4 of the Colorado Revised statutes apply to the drivers of government vehicles. However, section 108 allows certain exemptions to be made with regard to emergency vehicles. In this article, we take a look at emergency vehicles accidents and where you stand if you're involved in one. Remember that it's critical to engage a Colorado Springs accident attorney when you're faced with any legal proceedings, or you could find yourself in a very difficult situation.

Emergency Vehicles Exemptions

There are three situations where an emergency vehicle is allowed to bend certain traffic regulations. The first is when it's going to handle an emergency call. The second is when it's in pursuit of a suspect, and finally, when it's responding to a fire alarm. Any vehicle can be designated as an emergency vehicle by the state motor vehicle licensing agency. This designation is in a written form which must always be be carried inside the vehicle.

Emergency vehicles under the above circumstances aren't bound by parking regulations. However, they must make use of certain visual signals in order to avail of this exemption. The necessary visual guidelines are found in section 213. This commonly takes the form of a signal lamp having a rotating red light.

They can also go past stop signs or red lights provided they exercise enough caution as is necessary to prevent an accident. Speed limits also do not apply under these circumstances. Once more however, they are required to ensure that no damage takes place and no one is injured. For these freedoms, the vehicles must also emit a sound that is loud enough to alert those around them.

Finally, they are allowed to go in any direction and turn wherever it's necessary for them to accomplish their goal.

It's important to realize that the above exemptions don't allow the driver to recklessly crash into anything the way you sometimes see in movies. They are held accountable for the consequences of their actions just like everyone else.

Hiring a Colorado Springs accident attorney

Traffic accidents involving emergency vehicles are obviously more complicated than regular accidents since the onus is on the other person to prove reckless endangerment. A competent accident attorney will be able to make use of every available provision of the law in order to ensure that you obtain as favorable an outcome as possible. Our Clawson & Clawson attorneys will see to that. Contact us for a free initial consultation.

In June of last year, Governor Ritter signed a law making it a crime to “text” while driving. This also includes emails, tweets, Facebook updates and other activities that require the use of a cell phone or handheld device.  Now that the program has been in place for nearly a year many Colorado Springs personal injury lawyers have become quite savvy on the law.

Personal injury lawyers have seen a few violations in the metropolitan area since the law went into effect in December 2009, and a few of these resulted in lawsuits by injured victims.  But this law didn’t affect everyone equally.  For drivers younger than 18, the law prohibits any use of a cell phone while driving. 

Colorado Springs Military Divorce - Jurisdictional Issues - Where do you file it?

It's not easy to determine where a particular military divorce case is to be filed. Due to complications arising from the constant movements of the service member (SM), there are at least three places where a divorce can be initiated. They are:

1. The legal residence of the spouse
2. The domicile state of the SM
3. The state where the SM is currently stationed

Since all these three states can be different, it's the job of your Colorado Springs military divorce attorney to ensure that the divorce is filed in the state with the laws most beneficial to you. This is one of those aspects of the case that is crucial to get right at the very start. It can make or break the case for you and will most certainly have a huge impact on how you perceive the outcome.

Contempt of Court and Child Support

Child support is treated as an extremely important part of a divorce proceeding. Substantial time and effort goes into calculating the appropriate amount of payments and unlike other civil cases, the failure to pay child support can easily end in incarceration. If convinced that the ex spouse who is ordered to pay child support is deliberately not paying up, the court can initiate contempt of court proceedings against him or her.

In such cases, hiring an experienced Colorado Springs divorce attorney is extremely important. There are some mitigating factors that can be used to avoid the full force of the repurcussions, and only a competent lawyer will know how to make use of the facts to present your case in the proper light. The need is for a divorce lawyer specifically since the contempt isn't treated as a separate case, but becomes part and parcel of the original dissolution action.