Enforcing a Mediated Agreement
You just finished mediating a divorce, parenting time, or child support dispute and reached an agreement. Now what? Can it be enforced? Yes and no. Technically, only signed court orders can be enforced. Remember this. A mediated agreement signed by both parties and perhaps the mediator is unenforceable in and of itself – plain and…
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Jurisdiction in Divorce
Is personal jurisdiction necessary to get a dissolution of marriage in Colorado? Generally, yes. But the details vary. Personal jurisdiction deals with the power of the court to enter orders as to a person or a thing. If there is property in a geographic location where the court is sitting, the court likely has…
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Common Law Marriage
Many people have heard the term common law marriage. But what is it exactly? Most marriages are statutory; meaning that they are conducted in accordance with laws of the State which are codified in the State’s statutes. In Colorado, a statutory marriage requires that the parties be at least 18 years of age, or between…
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Writ of Habeas Corpus and Writ of Assistance
Sometimes an order is issued which is difficult to enforce. One such order involves a parenting time or child custody order that the other parent (‘bad parent’) refuses to abide by and hides with the child so that they cannot be found. The parent with the order (‘good parent’) needs some way to enforce that…
Read MoreAttorney Fees
In Family Law, attorney fees generally have a retainer and an hourly rate. Retainer A retainer is an amount that is advanced to the attorney from which the attorney draws upon as the fee is earned. For example, an attorney who receives a $5,000 at the beginning of the case and does $1,000 worth of…
Read MoreThe Disappearing Parent and Child
I had an interesting case finish up the other day involving a parent who would not let the other parent see their child. The parties were not married and did not have an existing court case prior to the one I filed. To make matters worse, the parent with the child had disappeared locally, so…
Read MoreHearsay
Hearsay can be a difficult concept to grasp. In everyday life, saying what you heard is not only normal, but expected. So, why can’t this be used in court as evidence? The reason (and there are entire law school courses covering the nuances involved) is that we can’t very well examine the truth of some alleged…
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How to Get Married in Colorado
So you decided to take the leap. There are three steps to getting formally married in Colorado. (Common Law Marriage is discussed here). Apply for a Marriage License; Complete the Marriage License and Certificate; and; Record the Marriage License and Certificate. Applying for a Marriage License You both should go to your county…
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