FAQ

Yes. You have a Constitutional right to represent yourself. However, there is a saying in the legal business attributed to A. Lincoln: “He who represents himself has a fool for a client.” A person representing themselves cannot provide a truly dispassionate and removed analysis of the case. The attorney will provide analysis based on years of training and experience.

A dismissal means your charges have been dropped. However, even if this is the case, your record will still reflect the initial criminal charges. Expungement (juvenile) or Sealing (Adult matters) is a way to limit public access to the original charges themselves.

Embezzlement misdemeanors are punishable by the following penalties:

• Petty Offense: Embezzled property totaling less than $300 is punishable by up to 10 days in jail and up to $300 in fines.
• Class 2 Misdemeanor: Embezzled property totaling $300 to $1,000 is punishable by up to 120 days in jail and up to $750 in fines.
• Class 1 Misdemeanor: Embezzled property totaling $1,000 to $2,000 is punishable by up to 364 days in jail and up to $1,000 in fines.

Embezzlement can also be charged as a felony. The penalties for a felony embezzlement conviction generally include:

• Class 6 Felony: Embezzled property totaling $2,000 to $5,000 is punishable by 12 to 18 months in prison and up to $100,000 in fines.
• Class 5 Felony: Embezzled property totaling $5,000 to $20,000 is punishable by 1 to 3 years in prison and up to $100,000 in fines.
• Class 4 Felony: Embezzled property totaling $20,000 to $100,000 is punishable by 2 to 6 years in prison and up to $500,000 in fines.
• Class 3 Felony: Embezzled property totaling $100,000 to $1 million is punishable by 4 to 12 years in prison and up to $750,000 in fines.
• Class 2 Felony: Embezzled property totaling $1 million or more is punishable by 8 to 24 years in prison and up to $1,000,000 in fines.

For felony embezzlement convictions, defendants can also face up to 5 years of mandatory parole.

Rape and attempted rape are one of the most serious crimes any person can face. A conviction for rape (sexual assault) can result in severe penalties. The criminal consequences of a rape conviction can vary based on certain factors, such as:

• The type of offense
• The age of the victim
• Whether the defendant has prior convictions

Under state law, "rape" can be classified as one of three degrees. These include:

• Rape in the first degree. This is the most serious type of rape and is charged when the defendant uses a deadly weapon, causes serious bodily injury, or drugs the victim.
• Rape in the second degree. This is charged when the defendant does not use a deadly weapon or drugs but uses force or threatens to use force on the victim. It is a more serious charge than rape in the first degree.
• Rape in the third degree. This is the least serious type of rape and is charged when the defendant does not use force or drugs but has sexual intercourse with a victim who is incapable of consent by reason of being physically helpless, mentally incapacitated, or developmentally disabled.

Depending on the unique circumstances of the rape offense, rape defendants can face various types of felony charges for rape, with each class entailing varying “classes” of severity and associated penalties. These felony classes include:

• Class 4 Felony: At its least severe, rape offenses committed without force or aggravating circumstances are generally charged as Class 4 felonies. A conviction is punishable by 2 to 8 years in prison and $2,000 to $5,000 in fines.
• Class 3 Felony: A rape offense can be charged as a Class 3 felony punishable by 4 to 16 years in prison and $4,000 to $750,000 in fines if sexual penetration occurred through physical force or violence, threat of force or violence, nonconsensual drugging, or threat of future retaliation against the victim or a loved one.
• Class 2 Felony: Rape offenses can be charged as Class 2 felonies punishable by 8 to 24 years in prison and $5,000 to $1 million in fines when the defendant was assisted by one or more individuals, accomplished acts through the use of an actual or deadly weapon, or when the victim suffers serious bodily injury.

Unlawful sexual contact charges can result from a range of behaviors, including petting, nonconsensual groping, and any other act that entails knowingly touching a person’s intimate areas without consent. This charge can also apply when defendants expose intimate parts of the body to minors, which includes any person under the age of 17.

If the prosecution cannot prove that sexual penetration occurred in a rape case, the defendant will typically be charged with unlawful sexual contact. This is generally considered a Class 1 misdemeanor with “extraordinary risk.” This offense is punishable by:

• 6 months to 2 years in jail
• $500 to $5,000 in fines

However, similarly to rape offenses, unlawful sexual contact can be enhanced to felony charges if there are aggravating factors involved, such as force/use of force, drugging, intimidation, or coercion. A felony charge for unlawful sexual contact is punishable by:

• 2 to 8 years in prison
• $2,000 to $500,000 in fines

If you’re facing charges for rape or a related sexual offense, securing a strong defense is imperative to avoid the life-altering criminal penalties of a rape conviction. A qualified rape defense attorney can evaluate the unique dynamics of your case and help determine an effective strategy to employ in your defense.

Common legal strategies to defend against rape charges include:

• Consent: One of the most common defenses against rape charges is that the sexual act was consensual. If the defense attorney can prove that both parties agreed to the sexual activity, the charges may be reduced or even dismissed.
• Mistaken Identity: Many rape cases rely on victim testimony or eyewitness accounts. If the defendant can provide solid evidence that they were not present at the scene of the alleged crime, they may be able to argue that the victim or eyewitnesses have made a mistake in identifying the perpetrator.
• False Accusation: In some instances, the defendant might argue that they have been falsely accused of rape. This defense strategy requires proving that the accuser has a reason to lie about the incident, such as seeking revenge, obtaining custody of children, or gaining attention.
• Insufficient Evidence: This defense strategy argues can be effective when the prosecution cannot prove the rape allegations beyond a reasonable doubt. This may occur for various reasons, such as a lack of physical evidence, inconsistent testimonies, or inability to prove the use of force or threat.
• Alibi: If the accused can prove that they were somewhere else when the alleged rape occurred, they can use this information as an alibi. This defense requires substantial evidence, such as video footage, credit card transactions, or witnesses testifying to the defendant's whereabouts at the time of the alleged crime.

Regardless of the rape charges you’re facing, it’s vital to consult with a trusted rape defense attorney who can assess the allegations against you and determine which defense strategy would be most appropriate and effective to employ in your unique case.

The best way to avoid being convicted of drunk driving is to not drink and drive. Use a designated driver, call a taxi, call a friend or don’t drink alcohol if you are going to need to drive within a few hours. For some people, even one drink can impair their driving abilities. However, if you have been charged with driving under the influence, an experienced drunk-driving defense lawyer can work to improve the outcome of your case.

DUI laws are stringent in Colorado, and the consequences of a conviction can quickly derail a person's life. Multiple DUI offenses can lead to significantly worse penalties if convicted, resulting in harsher sentencing that can substantially affect your life and liberties.

Because each subsequent DUI charge is punishable by increasingly severe penalties, securing a strong defense is crucial to avoid the life-changing consequences of a criminal conviction, from hefty fines to lengthy prison sentences. It's important to understand that fourth and subsequent DUIs are considered felonies, making it all the more urgent for accused drivers to consult with a multiple DUI defense attorney to build them the strongest defense possible.

Multiple DUIs are punishable by varying penalties depending on the nature of the offense and the quantity of prior convictions.

Second-time DUI offenders can face varying penalties depending on the nature of the defense. Second DUI offenses are typically charged as misdemeanor offenses, although defendants can face felony charges (such as if the DUI entailed serious bodily injury or vehicular manslaughter). Drivers can also face felony charges for second DUI offenses if their blood alcohol concentration (BAC) was 0.20% or higher.

It's worth noting that unlike first-time DUIs, which may not result in jail time, second DUI offenses carry a minimum of 10 days in jail. Under Colorado Revised Statutes (C.R.S.) § 42-4-1307(5), second DUIs are punishable by:

• $500 to $1,500 in fines
• 10 days to 1 year in jail
• 48 to120 hours of public service
• Up to 2 years of probation

Keep in mind that courts can use sentencing alternatives at their discretion, meaning that the penalties for second-time DUI offenders may vary depending on the unique circumstances. However, the court is typically prohibited from doing so if the second DUI occurred within 5 years of the first offense.

Third DUI offenses are generally charged as misdemeanors, although third-time offenders can face felony convictions if the DUI involved bodily harm or death to another. Even when third-time DUI offenders aren’t facing felony charges, this doesn’t mean that drivers can’t reap extremely harsh penalties.

Under C.R.S. § 42-4-1307(6), third DUI offenses are generally punishable by:

• 60 days to 1 year in jail
• $600 to $1,500 in fines
• 2 to 4 years of probation
• 48 to 120 hours of community service
• Up to 2 years of driver’s license revocation

Additionally, third-time DUI offenders may also be sentenced to 90 days of continuous alcohol monitoring, a program that often entails additional financial burdens and requirements. It's essential to seek representation from a skilled defense lawyer who can effectively negotiate the terms of your sentence and fight to secure a favorable outcome.

Unlike first, second, and third DUI offenses, fourth and subsequent DUIs are considered Class 4 felonies under Colorado law. Facingcriminal charges for a fourth or subsequent DUI with prior charges on your record can result in extremely harsh penalties. A felony DUI conviction is punishable by:

• 2 to 6 years in prison (minimum of 90 days in jail)
• $2,000 to $500,000 in fines
• Installation of an ignition interlock device
• 90 days of continuous alcohol monitoring
• Up to 2 years of driver’s license suspension

The difference between a DWAI and a DUI is that in order for the prosecutor to convict you of the latter, they have to prove you were driving or in actual physical control of a car while substantially incapable of safely driving due to the consumption of alcohol.

Meanwhile, a DWAI means driving while ability impaired and is considered a lesser offense in Colorado. For the prosecutor to prevail and obtain a DWAI conviction, they only need to prove that you were affected to the slightest degree by the consumption of alcohol.

Driving under the influence of drugs (DUID) and driving while ability impaired by drugs (DWAID) work exactly the same as their alcohol counterparts. Again, a DWAID is a lesser offense than a DUID because the prosecutor only has to prove that you were affected to the slightest degree by drugs.

Put simply, you cannot have any legal amount of marijuana in your system that impairs you or affects you to the slightest degree when driving.

In terms of the jury instruction, though, you cannot have more than five nanograms per milliliter of THC (the main active ingredient of marijuana) in your system while driving. If you are over that point, the jury will be told by your judge that they may presume that you are under the influence of drugs.

With that said, there’s not a very clear consensus regarding how much five nanograms per milliliter of THC (or any amount of marijuana for that matter) will affect a driver, and it will vary from person to person. For example, somebody who doesn’t use marijuana very often could be impaired with less than five nanograms of THC in their system, whereas someone who is a heavy recreational user or medical user could be just fine with much more THC in their system.

That’s why it’s important to work with a legal professional who can come up with your best defense.

Like alcohol, marijuana can potentially impair your judgment, impede your motor coordination, and slow your reaction time.

However, the exact effect of marijuana on your driving is a really controversial subject. This is because certain amounts of marijuana affect people differently. For example, two people with the same amount of THC in their blood might act drastically different depending on a variety of factors. Level of impairment when it comes to driving can be interpreted subjectively.

Play it safe when you’re out in public with marijuana in your system. It is so much less expensive to get a ride from one of the many ridesharing companies available than to hire an attorney for a DUI/DUID.

As with DUIs involving alcohol, unusual driving behavior may have triggered the drug stop. However, some people are pulled over just for having a taillight out or a problem with their registration.

Once stopped, the officer tends to focus a lot of their attention on whether anything present might be a result of marijuana use, such as:

• Green film on the tongue
• Impediments of speech like slurring
• Redness of the eyes
• Lack of coordination

They’ll also make note of anything they can see as they stand outside your vehicle, such as:

• Pipes, vapes, joints, cigarette rolling papers, or anything else visible in the car that might point to marijuana use
• Shredded leafy debris
• A lingering odor of marijuana

If the officer or drug recognition expert (DRE) sees any of these indicators, or if you’ve admitted that you’ve been using marijuana, he or she will likely pull you out of the car to do some roadside maneuvers. A roadside sobriety test is absolutely voluntary; nobody is required to do the maneuvers, and you cannot be penalized for not doing them.

The officer or DRE will then make a determination on whether or not he or she has probable cause to arrest you. At that point, if the officer requires you to do a blood test or urine test, then you do have the choice to do so or not. However, there are civil penalties that result from refusal to submit to a test such as the loss of a license for a year. Also, the judge will allow the prosecutor to hold your refusal to test against you at trial, for example, by allowing the prosecutor to argue to the jury that only a guilty person would refuse to test.

Open container of marijuana mirrors an open container of alcohol. You’re not allowed to drive with an open container of marijuana in the entire passenger area of the vehicle, even if you are taking it home from the dispensary.

What is considered “open container” with weed? Examples include:

• Any receptacle for marijuana that is not sealed up professionally by a dispensary
• Any receptacle that was once sealed but is now broken
• Any open baggie, tupperware, etc.
• Any evidence that the contents have been removed
• Any evidence that you’ve consumed the marijuana in the car, such as shredded leafy debris

However, there are exceptions:

• If you are in a motorhome, you can keep it in your living quarters
• If you have an open trunk, you can keep it in the open area behind the last seat

These laws are still new and can be left up to interpretation. Therefore, just play it safe and try to keep all marijuana receptacles in the trunk of your car when transporting it from one place to the next.

No, it’s still a traffic infraction to have an open container of marijuana or alcohol in the car, even if you’re not the driver.

Absolutely. Roadside sobriety tests are voluntary and you cannot be penalized for refusing.

You certainly can, but if you refuse, that triggers an automatic license revocation for one year.

As a Colorado resident, there is a way to get your license back after two months without driving, but it would involve enrolling in classes, installing an interlock in your car for two years, obtaining SR-22 insurance, and a number of other hoops to jump through.

The consequences of driving under the influence of alcohol are the same as the consequences of driving under the influence of drugs.

On a first defense, you can be punished with:

• Up to a year in the county jail
• 12 points against your license
• Probation
• Community service
• Required attendance at classes or victim impact panels

Yes, you can lose your license with a DUID in one of three ways:

1. Refusing to take the blood or urine test
2. Being convicted of a DUID which triggers its own automatic revocation
3. Too many points on your record (a DUID carries 12 points which is too many)

At the time of writing this, those three suspensions or revocations run concurrent. In other words, if you’ve lost your license to any one of those three ways, you would not be further penalized.

For instance, if you refused a blood test and you lost your license because of that, you would not be further penalized through the DMV by a DUID conviction at the end of your case.

A drug recognition expert is a law enforcement officer who has engaged in more education, testing, and licensure than the average patrol officer or even DUI Officer. They are specialized in looking for the signs of drug use impairment.

For instance, they’ve been trained to differentiate between drugs and are required to keep a log of which drugs they thought someone had been under the influence of at the time of the stop, and whether or not that was confirmed later by a blood test.

Stop panicking and contact an attorney.

If you’ve refused the test, you may only have seven days to request a hearing at the DMV, so try to call a criminal defense attorney within this time. However, we strongly recommend you call them earlier, i.e. as soon as possible following a DUID charge.

If you’re convicted of a DUID and it’s a first offense, your likely penalties are:

• Probation
• Community service classes
• Monitored sobriety
• Required abstinence from alcohol and marijuana
• Possible jail time

No, Colorado does not allow you to seal or expunge a DUI, a DWAI, a DUID, or a DWAID.

Even if you have successfully completed a deferred sentence, Colorado does not allow you to seal any case in which you have pled guilty to DUI, DWAI, DUID, or DWAID.

DUIs can have far reaching consequences. They affect not only your ability to drive but also professional licensure in the future. They are “priorable” which means that a mistake that you make on your first one could really make a huge difference down the road if you ever get a second or third offense resulting in harsher penalties.

You need the help of an attorney because they are highly trained, have abundant experience, a keen eye for evidence, and know the defense strategies that position you to receive a reduction of charges or full dismissal at court.

One of the things that strikes us when people handle their own cases is that they might walk out of the courthouse with a set of instructions but no idea where to even begin in accomplishing all of them. You need an attorney who can guide you through every step of the process, offering support all along the way.

We tell people all the time that money spent on an attorney is like money spent on insurance. You are helping to ensure that whatever outcome is reached in court is the correct outcome given all of the different factors to consider. You are helping to ensure peace of mind because these cases can six months or more to resolve, which is a lot of time to be dealing with the anxiety of not knowing what’s going to happen next.

Finally, you are helping to ensure the future quality of your life when you hire an attorney who will stand next to you in court and fight diligently for your rights.

Colorado law defines domestic abuse as follows: “any act, attempted act, or threatened act of violence, stalking, harassment, or coercion that is committed by any person against another person to whom the actor is currently or was formerly related, or with whom the actor is living or has lived in the same domicile, or with whom the actor is involved or has been involved in an intimate relationship."

A sexual relationship may be one factor in assessing whether a relationship is an “intimate relationship,” but it is not necessary for the relationship to of a sexual nature in order to be classified as an intimate relationship.

“Coercion,” means compelling a person by force, or threat of force, or intimidation to do something the person has a right to refuse or forcing a person to abstain, from something they have a right to do.

“Domestic Abuse,” may also include any act, attempted act, or threatened act of violence against a minor children of either of the parties; or a pet belonging to a person or a minor child.

Examples of conduct that could qualify as domestic abuse: 

• Name-calling/Directed use of Obscenities
• Threatening or harassing phone calls
• Threat to injure self
• Threat to injure others
• Threat of Physical or Sexual Abuse to Children
• Threat by Displaying or Pointing Weapon, or by access to Weapon
• Threat by cruelty to animals
• Threat by following
• Threat by damaging property
• Throwing things
• Grabbing
• Shoving or Pushing
• Forcing Sexual Contact
• Physically abusing children in household
• Sexually abusing children in household
• Slapping (with open hand)
• Punching (with closed fist)
• Kicking
• Using Weapon
• Biting
• Choking or strangling
• Beating
• Forcing Other to stay in closet, room, homes, or other locations

Temporary (Ex Parte) Protection Orders

A Judge can and should issue a Temporary Protection Order if he or she believes that the person requesting the Order is in immediate danger. Ex Parte means that the order can be issued without the alleged abuser being notified or being present. The Temporary Order is designed to protect the person during the time between the request and the hearing. The hearing is usually set within two weeks. It should be noted that the Order is not enforceable against the abuser until he has been served notice.

Permanent Protection Order

When the abuser has been served notice of the Temporary Protection Order and the date and time of the hearing, both parties appear before the Judge. The Judge has a couple of options at this stage. 

Judge can continue the Temporary Protection Order for up to 1 year. This will only happen if both parties appear and both agree to the continuance.

Judge can issue a Permanent Protection Order if the Judge finds that the abuser has committed domestic violence and that without the order will continue to do so.

Emergency Protection Orders

This is a protection order requested by law enforcement when they believe that an adult or minor child is in immediate and present danger of domestic abuse. 

Usually only in effect for a few days and is typically issued when courts are closed or when a person has filed for a Temporary Ex Parte Protection Order but there is no Judge available to hold a hearing that day.

• Prohibit the abuser from hitting, threatening, or in any way harming you or your children
• Prohibit abuser from contacting you or your children and order him/her to stay away from you and your children
• Order the abuser to move out of the home
• Prohibit abuser from returning to the home
• Prohibit abuser from interfering with protected person’s job or school
• Award Temporary custody of the children to protected person and provide for supervised parenting time with the abuser
• Order abuser to continue making mortgage or rent payments for the benefit of the protected person and children
• Prohibit abuser from hiding or destroying personal property owned by the protected person or owned jointly with the abuser
• Prohibit abuser from harming any animal owned by the parties individually or jointly
• Require abuser to surrender any and all firearms in his/her possession to a licensed firearms dealer or to law enforcement
• Any other provision the Judge finds necessary for the protection and safety of the protected person.

• In the county where the abuse happened
• County where abuser lives
• County where you live
• County where abuser is employed, or
• County where you are employed.

• A relative or former relative by blood or marriage
• A spouse or ex-spouse
• The parent of your child
• A current or former intimate partner
• A current or former housemate

• Go the County Courthouse and request the forms required for filing a “motion for civil protection order.”
• Fill out the forms completely and legibly. You will be the “Petitioner,” and the abuser will be the “Respondent.”
• List the county where you live and work and the same for the abuser
• List names and birthdates of all children involved
• Give detailed description of what happened and why you need protection
• Tell Court what relief you are requesting, i.e. abuser needs to vacate the home, not contact you at all, perhaps only contact by phone or text.
• Be specific. Tell the Judge what happened, who was there, where it happened, and when it happened. Give dates, times and full names of witnesses.
• Sign the motion and affidavit.
• Court Clerk can witness you sign the motion or complaint.(there will be no charge), or
• You can sign before a Notary Public. There is usually a nominal charge of $5.00 or so for this service.
• Have the Respondent served.
• The Sheriff in the county in which the abuser is located will serve the Respondent.
• You cannot be charged a fee for this service 
• The Sheriff will fill out the affidavit/certificate of service (form 409) and give it back to you. Make sure you take this to the hearing.

• The time and date of the hearing will appear on your Temporary Protection Order.
• If you do not appear, the Temporary Protection Order will expire
• If Respondent does not appear and you are able to show good service, the law allows the Judge to make the Order permanent with no further notice.
• If you and Respondent agree, the Judge may continue the Temporary Protection Order for up to one year.
• If you and Respondent do not agree, the Judge will hear testimony and decide whether to deny the Protection Order or make it permanent.

BEFORE YOU LEAVE THE COURTHOUSE read the entire Protection Order carefully. If something is wrong or missing, ask the clerk and get it corrected before you leave. Once you are certain the order is correct, get several copies. Make sure there is a copy of the order on your person at all times and in every place you may be. This would be in your car, your job, at your child’s daycare or school, and anywhere else you may find yourself. When Respondent has been served, include a copy of the certificate of service with each copy.

Double check to make sure the information you provided on the information sheet is complete and accurate so that law enforcement are able to enforce the order properly.

NOTE: A Protection Order is not a guarantee of your safety. It is merely a piece of paper. It cannot stop a fist, a knife or a bullet. Make sure you have an ongoing safety plan. Most abusers obey court orders but others ignore them. Protect yourself at all times and if the abuser violates the order, immediately report this to local law enforcement.

Creating a prenuptial agreement involves both parties consulting with separate attorneys, who will help draft the document to ensure it is fair and legally valid. Prenuptial agreements operate in the way a will might in an estate plan. Just as a will guides the distribution of assets after a person’s life ends, a prenup can guide the assets brought into a marriage after it ends.

Although prenups are enforceable, the law does not favor them. The courts read them narrowly and judge them by the legal standard of the time they were written, and they must also consider whether or not to honor prenups written in other states. In other words, the courts in Colorado can choose whether or not to enforce a prenup if a couple wrote it decades prior or submitted it in another state when the divorce proceedings took place in Colorado.

Our attorneys will review the proposed agreement and advise you on whether it meets the requirements of Colorado’s laws. Once both parties agree, you can sign the prenuptial agreement before or on your wedding day.

Approaching your partner about a prenuptial agreement can be a sensitive topic, but having an open and honest conversation about your concerns and reasons for wanting one is vital. Choose a time when both of you are calm and not stressed, and explain why you think a prenuptial agreement is essential. 

Be willing to listen to your partner’s concerns and work together to create a mutually beneficial agreement. Discuss working with an experienced family law attorney who can guide you through the process and protect your rights.

Family law encompasses many different issues that may affect you and your spouse, domestic partner, child, or other close relatives. Common family law cases can involve:

• Divorce, Legal Separation & Annulment
• Paternity
• Child custody
• Child support
• Domestic violence and restraining orders
• Step parent adoption
• Grandparent rights and visitation

Like any type of legal matter, family law cases involve complicated laws and rules that must be followed to obtain the most favorable result. An attorney will know how to address any complexities in your case while also protecting your rights and interests the entire time.

In order to file for divorce in Colorado at least one of the parties has to currently reside in Colorado and must have lived in the state for at least 90 days. Typically your will not have to provide any documentation to prove your residency. You will simply sign and file document with the court stating that you meet the residency requirements. In addition, at a final hearing you will be asked if you were at the time of filing and for at least 90 days prior a resident of the state of Colorado. If you were to answer “no” to that question, the Judge would have no choice but to dismiss your case for lack of jurisdiction. The experienced family law attorneys at Gasper Law Group will make sure you meet the statutory residence requirement.

In Colorado there is a “cooling off period” for getting a divorce. This waiting period is 91 days and it begins when the Petition for Dissolution is filed if the parties file a joint petition. If one party files, the 91-day wait begins as soon as the other party has been served notice. This means that if the parties agree as to terms and there are no issues that a Judge will have to decide, the divorce can be finalized as soon as the 91-day waiting period has passed.

If the parties are not able to reach agreement the time line is dependent upon the complexity of the issues to be litigated, whether there will be a need for expert witnesses (such as a financial expert or Child and Family Investigator), the court schedule, and various other factors. In cases requiring a Final Orders Hearing, it is typical for a divorce to take several months or even longer.

It is not uncommon for a highly contested divorce to take 1 to 2 years to fully litigate and take to trial. The experienced attorneys at the Gasper Law Group can give you an idea of how long it should take to get the divorce done based upon the particular facts of your case.

First, the court clerk charges a filing fee to file a Petition for Dissolution. The current filing fee is $195.00. Second, if you and your spouse do not file a Joint Petition, you will need to have him/her served. The Sheriff or a licensed process server will usually charge about $45.00 for this service. Technically any person over the age of 18 can serve the other party, but if they are not a Sheriff deputy or a licensed process server, they may be required to appear in court and testify under oath that they in fact served the opposing party. If they are a sheriff or a licensed private server, they can simply file a return of service, notifying the court when and where service took place.

Finally there is the issue of attorney fees. This varies widely from case to case. If your divorce is uncontested, an attorney will usually charge a modest fee to walk you through the process and make sure everything is done properly. If your case becomes contested, attorney fees can increase dramatically. It is important that you get the advice of a qualified, experienced family law attorney in either case so as to protect your rights and get an estimate of the costs you should expect.

The Automatic Temporary Injunction is a Court Order that goes into effect at the time a Petition for Dissolution is filed if the parties file a Joint Petition, or at the time the opposing party is served notice if they are not filing a joint petition. This court order basically orders the parties to maintain the status quo at least until they can get in front of a Judge. Provisions of the Automatic Temporary Injunction include the following:

• Neither party is to remove any children of the marriage from their current school or daycare.
• Neither party is to take out loans or spend money except in the regular course of operating a business or to provide for every-day living expenses.
• Neither party is to change insurance coverage on homes, vehicles, health or life, or change beneficiaries.
• The parties can agree or the court can approve deviations from the provisions of the Automatic Temporary Injunction when appropriate.

NOTE: if a party does spend money after the Injunction goes into effect, it is critical that they keep accurate and complete records of those transactions, as the court can require an accounting later.

If an accurate accounting is not kept, the party that spent the money may have the amount spent deducted from their part of the martial estate.

The experienced family law attorneys at Gasper Law Group can advise you based upon the specific facts of your case.

Surprisingly the answer here is no. Colorado law provides that a party to a divorce can be restored to a former name as part of the divorce process. This means that if you want to go back to your maiden name or a former married name, you can do so in the divorce. If, however, the language restoring you to your former name is not included in the decree and you later decide to go back to the former name, you will be required to file a separate action.

There are filing fees and likely attorney fees involved in this process as well as the time and aggravation of having to go through a separate legal process. The moral of the story here is to decide if you want to go back to a former name and if so, make sure it is included in the divorce decree. The experienced family law attorneys at Gasper Law Group will make sure this issue is addressed properly so as to prevent the added expense of a separate proceeding.

Colorado is a no-fault state. This means that the Judge is not concerned with why the marriage is ending or who did what that resulted in divorce. The fact that one party had an affair, enjoys watching pornography, developed a substance abuse problem, pilfered away the family’s resources, or in any other way caused the break-up of the marriage is not an issue before the court. The only way these things are relevant is if there is a nexus between the conduct and the party’s ability to parent children.

If you can demonstrate that the party engaged in inappropriate conduct in the presence of the children, then that is relevant to the Child’s best interests and can be presented to the court for that purpose. Many people find it hard to accept that as far as the court is concerned it does not matter why the marriage is ending or who is at fault, but that is the law in Colorado. The experienced family law attorneys at Gasper Law Group can advise you in this regard based upon the specific facts of your case.

In an uncontested divorce, you and your spouse agree on all issues from the beginning. If you disagree on any issues, the case will be considered a contested divorce.

Colorado law does recognize legal separation. The process is the same as getting a divorce, with the difference that when the Decree of Legal Separation issued the parties remain married. It is important to know that either party can change the Legal Separation to a divorce at any time during the proceeding or within 6 months after the decree has been entered.

There are a few reasons clients decide to do a legal separation. Usually it is because at least one party realizes that the marriage is not working and they want to allocate financial obligations, assets, parenting time, or alimony and leave open the possibility of reconciliation. Another typical reason would be religious beliefs. Some faiths do not recognize divorce.

Here it is important to note that the other party can change a legal separation to a divorce at any time, and a party cannot stop that based upon their religion. The experienced family law attorneys at Gasper Law Group can advise you as to whether a legal separation fits your situation.

Under Colorado law, any asset acquired during the marriage is part of the marital estate and is subject to equitable division upon divorce. This means that any portion of your retirement or 401K that was accumulated during the marriage will be divided between the two parties. For example, if you have been paying into your 401K for 10 years and you have only been married for 5, your spouse would be entitled to a fourth of the total.(half of the amount accumulated during the 5 years you were married).

If you have been married the entire time you have been paying into your 401K or retirement plan, the asset will be divided equally. Of course if your spouse has a 401K or retirement plan, the same goes for that asset. You would be entitled to half of the amount accumulated during the marriage. In some cases, these offset and the parties each walk away with all of their retirement or 401K. When this is possible it saves both parties the cost of dividing the assets.

Under no circumstance would you be forced to give your spouse your entire 401K or retirement plan. Gasper Law’s experienced divorce attorneys in Colorado Springs will gather the financial information on both parties and advise you based on the facts of your particular case.

Prenuptial agreements are enforceable under Colorado law. From a strictly legal standpoint, every couple should probably have a prenuptial agreement. While planning their wedding, most couples do not want to think about what will happen if their marriage ends in divorce. The fact is that having a prenuptial agreement does not mean you think your marriage will fail. One benefit of doing a prenuptial agreement unrelated to a subsequent divorce is that it opens a dialogue between the parties about what their financial future together is going to look like.

A marriage is a multi-faceted relationship and one of the parts of that is inevitably a financial component. It is better to consider these issues as you enter into a marriage instead of playing by ear as you go. Finally, if the parties have children from previous relationships, own property coming into the marriage, or have been married before it is even more advisable that they have a prenuptial agreement so both parties go in with eyes wide open. The cost of a prenuptial is usually modest and can save the parties stress and expense later even if they remain married forever.

The experienced family law attorneys at Gasper Law Group can help with prenuptial agreements based upon your specific facts and needs.

You can request a certain custody arrangement by submitting a parenting plan with your divorce decree or, if your case does not involve divorce, by filing a petition for Allocation of Parental Responsibilities.

In the state of Colorado, the law does not actually use the terms “sole custody” or “joint custody.” Whichever parent has the children the majority of the time is considered the Primary Residential Parent. If there is an equal sharing of parenting time, neither parent is the primary residential parent. It is most common for parents to share joint major decision making responsibility regardless of the number of overnights each parent enjoys and it is also possible for one parent to have sole decision making even if overnights are divided equally. Parenting time and decision making are separate issues.

After a divorce or custody case people often ask where they can go to get copies of their respective court documents. The issue also arises when people are represented by an attorney and then the attorney withdraws from the case. It is common for individuals to come into our office requesting we obtain copies of their records on their behalf because they do not know how to obtain the information themselves. If parties still reside in El Paso County they can go to the courthouse and request the documents they need. Also, the court has a link to allow parties to retrieve copies of their court documents. Parties can get certified copies of these documents as well. The link is: https://www.courts.state.co.us/Self_Help/Research/index.cfm

It is important to know that the Orders from the case are the laws surrounding your divorce or custody proceedings. Therefore, having copies and access to this information is necessary after one’s case is closed.

The Gasper Law Group endeavors to provide clients with copies of all pertinent documents and information throughout the course of our representation, but if you need assistance retrieving your documents please contact our office.

The Initial Status Conference is usually held 30 days after the divorce is filed. There are two goals of the Initial Status Conference. The first is for the parties to let the judge know what issues are going to be involved in their case. There are five potential issues in every case: spousal maintenance, parental responsibility/parenting time, child support, division of debt and division of property. Not every potential issue applies in all cases, so the judge will want to know what your particular case involves.

The second goal is for the judge to give the parties deadlines and to schedule a Temporary Orders Hearing. If you have children, you will receive information on the mandatory parenting class. If you haven’t already completed your initial financial disclosures, you will be given a deadline. If you think you may have a need for either a parenting evaluator or a financial expert, you will be given a deadline for requesting the appointment of an expert. And finally, if you have already reached any agreements, the judge will include them as part of your order.

Expect this court date to take approximately 15 minutes

Sometime after the Initial Status Conference but before the Temporary Orders hearing, you’ll need to participate in a settlement conference. The Settlement Conference only needs to cover the Temporary Orders issues. We don’t need to decide who is going to take on the Visa and the Mastercard on a permanent basis, we only need to decide who is going to pay the minimum monthly balance while the divorce is pending. It’s important not to get too far ahead of yourselves.

The only real requirement for a settlement conference is for each party to inform the other party what they intend to ask for at the Temporary Orders Hearing and to make an attempt at finding any common ground. How exactly this is arranged is up to the parties. The most common scenario is for the parties and the attorneys to all meet at one attorney’s office and have a face to face discussion. If this can’t be arranged (due to work schedules, for example) or is undesirable (often victims of domestic violence are uncomfortable with this set up), a telephone conference may be set up or the attorneys may even trade proposals back and forth over a period of days.

If you had a successful Settlement Conference, you will not need to have a Temporary Orders Hearing at all. If you settled some, but not all or none of the Temporary Orders issues, then you will need to have either a partial or full hearing.

Temporary Orders hearings are generally held 30 days after the Initial Status Conference, but the exact timing will depend on the court’s calendar and the availability of the parties. The hearing typically lasts one hour which means you will only get ½ hour to both present your case and to cross examine the other party. This is a very limited amount of time so it is important that you stay focused during your testimony.

At the end of your Temporary Orders Hearing, the judge will issue orders about temporary spousal maintenance, temporary use of marital property, temporary payment of marital debts, temporary parenting time and temporary child support. These orders are temporary in that they are in effect while your divorce is ongoing. The judge will revisit all of these issues at the Final Orders Hearing, but in the meantime, these are the orders of the court and you must comply with them.

Mediation is held after Temporary Orders Hearing but before Final Orders Hearing. The purpose of Mediation is to try to arrive at a full or partial agreement for all of the Final Orders issues in your case. If you’ve asked for a parenting or financial expert, Mediation should be held after those reports come out so that you can take that into consideration.

Most mediators use what is referred to as the “shuttle” method. Each party is in a room with their attorney and the mediator goes back and forth between the rooms trying to fashion an agreement. Anything you say in mediation cannot be used against you at the Final Orders Hearing, so you should feel free to try to find a solution that meets your needs without fear of having the other party come back at Final Orders and testify that you were willing to take responsibility for the Visa bill and now you’re just being stubborn.

In addition to communicating the proposals of the other party, a good mediator will try to help the parties brainstorm solutions to their problems and let you know if you’re very close to an agreement or worlds apart. You may feel pressured by the mediator to come to an agreement, but don’t assume this means that the mediator is biased against you. The mediator will attempt to make both sides be reasonable in their requests and if you’re asking for something a judge is unlikely to order anyway, a good mediator shouldn’t hesitate to point this out to you. Be confident that the same approach is being taken in both rooms.

Just as with the Settlement Conference, you may either reach a full, partial or no agreement at Mediation. If there are still contested issues, you may ask the court to adopt a partial agreement and then proceed to hearing on the remaining issues. If you reach a full settlement in Mediation, it may still be necessary to proceed to Final Orders just to place the agreement on the record but the hearing should not take long. If you are having either a full or partial hearing, plan on spending at least a half day in court if not longer depending on the complexity of your case and whether it will be necessary to call any witnesses.

At the conclusion of the Final Orders Hearing, the judge will enter Final orders. Certain of these orders cannot be changed in the future and certain of them remain modifiable under special circumstances. Taken individually, the judge will address:

Spousal Maintenance. The judge will set an amount and a length of time. The amount of spousal maintenance may be modified down the road unless otherwise specified based on changes in incomes of the parties. The duration of spousal maintenance typically cannot be modified unless the receiving party is remarried.
Parental Responsibilities/Parenting Time. These orders are modifiable until the children are 18. Depending on the basis for modification and what sort of modification is sought, there may be a limit on how frequently the orders may be modified or if a special burden of proof is presented, but the orders are modifiable.
Child Support. Any change in income or expenses which results in a 10% increase or decrease will allow for a change in a child support order.
Division of Assets. Absent some showing of fraud within a limited period of time, these orders cannot be changed.
Division of Debts. As with assets, these orders will remain unless there is some proof of fraud which would allow the court to reopen the issue.

Living together, or cohabitation, is a significant indicator of a common law marriage, but its impact primarily hinges on the context in which it occurs. Simply living together might not suffice to establish a common law marriage if the arrangement lacks the characteristics of shared responsibility and mutual commitment typically associated with a marital relationship. In contrast, a couple who lives together, divides household duties, supports each other financially, and presents a united front to their community is more likely to be considered in a common law marriage, even if they only cohabitate for a relatively brief time.

This is called “temporary spousal maintenance.” Your spouse is not required to request this, however, and it will not be addressed by the Court unless someone requests that the Court enter orders addressing the issue.

There is a presumed level of temporary alimony in Colorado, in cases where a couple’s combined gross annual income is equal to or less than $75,000. If you and your spouse’s gross yearly incomes added together equal $75,000 per year or less, then it is likely that at a temporary orders hearing the Colorado family law magistrate will apply a mandatory formula and award maintenance equal to 40% of the higher income earner’s gross monthly income minus 50% of the lower income earner’s gross monthly income.

This statutory formula, which can be draconian, is required to be applied by the judges and magistrates, who cannot exercise discretion to change what they have been mandated to do.

Under those circumstances, this Colorado alimony formula applies regardless of the length of the marriage. C.R.S. 14-10- 114(4) requires that maintenance be determined “without regard to marital misconduct.” It does not matter if a spouse committed adultery or other moral or wrongdoing; the Court generally must order a maintenance amount based on the above formula (on a temporary basis only.) In other words, if your spouse cheated on you and ended the marriage, it will be irrelevant to the Court regarding maintenance. Your attorney cannot present an argument to the court that, since your wife cheated on you with five different men and is now living with her new boyfriend, you should somehow not have to pay spousal support to her because of that moral wrongdoing.

Another painful example: even if you were only married for a few months, it does not prevent the other spouse from requesting temporary maintenance pursuant to the formula, even though the spouse will almost certainly not get any maintenance when the divorce is final.
Example: Parties have no children together. Peter earns $4000 per month, and Trixie earns $1500 per month and is living and being supported by her new boyfriend. Peter’s presumptive temporary maintenance payment will be $850 ($1600 – $750) per month, until the final orders hearing or further agreement of the parties.

In situations where both of your combined gross annual incomes exceed $75,000, this formula does not automatically apply for temporary alimony in Colorado. Instead, the courts are supposed to utilize various factors your attorney can help you understand. Note that this creates less predictability – while some Colorado divorce magistrates may use the 40% minus 50% formula as a starting point, other magistrates will disregard it altogether.

That being said, when the parties’ combined gross monthly incomes are more than $75,000 the magistrates will still use the formula as a guideline or starting point for determining temporary maintenance, assuming the threshold requirements are met. The magistrate will be particularly interested in the parties’ respective financial situations – and will scrutinize both of your sworn financial statements to see what incomes and expenses look like, and what shortfall may exist. In other words, the magistrate or judge will balance one spouse’s true need vs. the other’s ability to pay. Your Sworn Financial Statement is extremely important when payment of maintenance is the major issue in the case.
Our experienced attorneys can help to make sure you can reasonably and cogently explain every single dollar listed in that document if you were to be asked questions by a judge about it.

As you might have guessed, there is no quick and easy answer to this question. Absent agreement with your spouse on the issue, the answer to this question may only be reached after hours of negotiation, through the mediation process, or at your final hearing, as this is likely to be the biggest issue in your case if there are no issues regarding children.

This is a highly discretionary area for judges, which is a big reason why there is unfortunately so much litigation between couples even when everything else can be resolved and why you need an experienced family law attorney on your side.

When the family law judge is considering what maintenance should be payable after a dissolution, there is no formula to guide him/her. In fact, the judge at your final hearing is not supposed to apply any “formula” at all; the temporary maintenance formula is thrown out the window, even if it was actually applied before at temporary orders. Instead, Colorado divorce law sets out mandatory factors to consider when determining an award, which including the following:

1. The financial resources of the party seeking maintenance, including marital property apportioned to such party, and the party’s ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party;
2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
3. The standard of living established during the marriage;
4. The duration of the marriage;
5. The age and the physical and emotional condition of the spouse seeking maintenance; and
6. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

This leaves quite a bit of discretion to the judge who hears your case. There are no easy-to-define standards or black-and-white guidelines at final orders. What does this mean? In short, it depends upon the judge, but it will also depend on your willingness to resolve the issue by negotiated agreement with your own spouse and your attorney. In the absence of specific numerical guidance, some judges are more generous than others when it comes to maintenance, and the size of the award then depends in part upon the “luck of the draw”, i.e. which family law judge was randomly assigned to hear the case. It also may depend on how good of a day your judge happens to be having when your case is called.

If you cannot or will not reach your own agreement with your spouse about how much you will pay, the Court will consider all evidence relating to all of the above factors and then make a decision as to 1) how much per month, if any, you must pay; and 2) how long it must be paid. The judge will consider the totality of the circumstances, and each and every case depends on the particular facts and details surrounding the situation. Some factors may be also given more weight by the judge than others when determining the amount and duration of maintenance you will have to pay.

It is very common that during a marriage, one spouse may not be fully and gainfully employed, and instead may be a homemaker, work part-time, or simply be capable of working in a higher capacity than his/her current employment, or may just have left a job. These common situations further complicate the maintenance picture, as the court considers whether to impute minimum wage to a non-working spouse or whether to impute a higher income for the purposes of establishing a maintenance award. If there is no good reason why your spouse cannot work full time (such as a physical disability), the judge will most likely assume that your spouse can at least earn minimum wage, and it will be imputed.

Colorado has been undergoing regular changes with minimum wage, and will continue to do so. It is currently considered at $7.25 per hour, resulting in a gross monthly income of $1,257 per month (7.25 per hour X 40 hours X 52 weeks / 12 months).

Imputing income, as the term suggests, simply means pretending that a spouse earns a different income than the spouse actually earns. Whether to impute income depends upon a variety of factors, such as the expectations established during the marriage, whether a spouse is a full-time student or could be earning more, the availability of suitable employment, proof of past earnings, whether the spouse has sought more lucrative employment, and so forth.

Second only to issues about children, maintenance is often the most contested issue in a dissolution case. You may consider retaining an expert to perform a vocational assessment to determine a spouse’s “employability”, proof of a job search for suitable employment, or other evidence showing earning capacity. Although you will be solely responsible for the initial cost of such an expert, this may be a good way to help the case resolve, since the judge will place weight on the expert’s testimony and report to the Court as to a spouse’s earning capacity.

When a Colorado divorce court awards alimony, the amount of alimony paid is deducted from your income for purposes of a child support calculation, and includable as income to your spouse. Payment of maintenance also shifts the tax burden from the paying spouse to the recipient spouse (note this is for maintenance only, and not child support). In other words, if you are ordered to pay spousal maintenance to your spouse, the maintenance you have paid can be deducted on your income taxes.

Since maintenance will be “counted” as income to the spouse receiving it and a deduction from the income of the spouse paying it, maintenance also matters in terms of things that are typically divided by the Court directly in proportion to income (e.g., transportation expenses for parenting time, extraordinary medical expenses). Depending upon the specific facts of the case, premiums on life insurance ordered by a Colorado divorce court may also be tax deductible.

We’ve seen the damaging effects a conviction can have on the lives of adults, but they can have far-reaching consequences for juveniles just as much. From minor in possession (MIP) charges to assault, theft, etc., our Colorado Springs criminal attorneys protect your child’s rights and fight for the least damaging resolution for their future.

Whether you are being charged with fraud, embezzlement, forgery, identity theft, or any other white collar crime, our criminal defense attorneys can represent you and work toward the best outcome possible.

Many types of restraining orders may be filed in relation to divorce proceedings. It is important to know the difference and speak to our knowledgeable Colorado Springs divorce attorneys if you have questions.

The Gasper law Group is proud to provide support to District 11 Schools as a contributor to the Rotary Club’s annual “Butterfly Auction” Event.

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Court Care provides free, licensed child care services in support of parents and advocates undergoing the court process in our region.

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CASA provides volunteer court-appointed child advocates to meet the special needs of children in vulnerable situations.

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One of Colorado Spring’s oldest traditions celebrating our western heritage, the Colorado Springs Western Street Breakfast is also a local fundraising event celebrating military families and veterans.

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The Junior League of Colorado Springs has served the Pikes Peak region as both an initiator of projects as well as a ready partner to other non-profit organizations to address needs in the community.

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Mission Statement – To rescue, rehabilitate and rehome discarded breeding dogs and to educate the general public about the cruel realities of the commercial dog breeding industry.

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At Second Saturday Workshops, you’ll hear non-biased information from divorce professionals in your community, including attorneys, financial professionals, real estate professionals, and therapists, who will lay out the divorce landscape and answer your questions.

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Annual invitational event in Colorado Springs attracting top talent from professional rodeo. Following the traditional parade to kick off the event, the rodeo events take place at Norris-Penrose Event Center. The Gasper Law Group is one of several local businesses that participates in the parade portion of this event.

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Chartered in 1916, and affiliated with the Rotary International, the Rotary Club provides volunteer activities and outreach with Pursuing Service Above Self at the core of the organization.

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