Archive for category denver divorce lawyer
Car Accidents Caused by Tire or Brake Failure
Posted by denverheat in Colorado personal injury attorney, Denver personal injury lawyer, colorado injury lawyer, colorado personal injury, criminal defense attorney denver, denver accident lawyer, denver divorce lawyer, denver injury lawyer, denver law firm, find a denver law firm, hiring a denver dui attorney, motorcycle injury lawyer on August 22nd, 2010
Accidents Caused by Brake Failure Could be an Intentional Tort
Motor vehicles are some of the most dangerous things out there. Death by motor vehicle is one of the most common forms of death in the industrialized world. Common causes for car accidents are people just spend so much time in vehicles, but also include those who break the law and have poor maintenance.
Cars, trucks and motorcycles share one thing in common when it comes to a Denver car accident. All have all of their weight supported by tires. When you think that only a small portion of the tire is in contact with the ground at all times it will not surprise you to find that over a quarter of all Denver motorcycle accidents come from problems with tires or brakes. If you have been injured in a car crash or motorcycle accident that was a result of damaged or improperly maintained tires, you may have legal recourse to sue.
There could be several different parties that were responsible for the brakes or tires. If you had an injury from a car crash involving failed brakes or tires, the negligent parties could include the driver, brake manufacturer, the mechanic, or the employer of the driver. If it was a truck accident, the trucking company might be liable for and personal injury in Denver.
Because there could be multiple liable parties, each one will probably try to shift blame and get another company’s insurance to pay for the accident. However it is possible to sue multiple parties and it is possible that several people were to blame for the accident. If you are suing multiple people it might be prudent to hire a Denver injury attorney to avoid being caught in the run-around.
If the brake manufacturer was at fault, you have a good chance of being awarded a settlement because of strict laws regarding braking systems. Truck brakes especially are regulated by the federal government to have a certain braking power. If the brakes on the car that hit you does not meet these standards you could claim the manufacturer did not design the brakes well or that there was a manufacturing defect. These kinds of cases fall more under product liability than personal injury.
If the trucking company failed to provide regular maintenance on the brakes you could sue. Some truckers even de-power the front brakes on purpose to reduce the cost of brake replacement. It seems crazy but some truckers would rather use the trailer brakes and the transmission to slow down. Choosing a dangerous thing like unhooking the brakes just for a little cost savings might actually result in an intentional tort instead of a personal injury negligence case. If this happened you could sue both the driver and the trucking company that allowed this to happen.
Prenuptial Agreements
Posted by denverheat in Hiring A Lawyer, Uncategorized, denver divorce attorney, denver divorce lawyer, denver family law, mistakes of hiring a lawyer on August 9th, 2010
Improperly constructed Prenups may not be valid
A prenuptial agreement is a contract signed by a couple before they get married. ”Prenups” as they are called, are most commonly used to agree what will happen to the two party’s property and debts should they get divorced. Otherwise any divorce will have to go to court. A standard divorce will often attempt to just split all the property down the middle.
However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Denver family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.
A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Denver family attorneys, then a court will not enforce the agreement.
For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Denver family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.
Most state laws expect married couples to share all property including after a divorce or death. Spouses also have to pay for the other’s debts incurred during marriage and share control of any joint property. If you do not like these rules then your only option is to get a Denver family law attorney to draft a prenup designating how your marriage will work. Probate law recognizes prenuptial agreements more as the wealthy spouse stigma is wearing off. Every state now recognizes this type of contract, but it is a good idea for both parties to have lawyers advise them on the content, otherwise it looks suspicious to the court. However they are much easier to prepare and enforce than a post-nuptial agreement or divorce.
The Child Custody Battle
Posted by denverheat in denver divorce attorney, denver divorce lawyer, denver family law on June 16th, 2010
Results of Divorce
Before going into a child custody battle you need to at least know the differences between different types of custody. The simplest type of custody is physical custody, which means that parent has the right for the child to live with them. Sometimes both parents will be awarded joint-physical custody, especially when the parents live near each other. If the parents live further apart, the parent the child lives with will have physical custody, with the other parent with visitation rights.
Legal custody is slightly different; it refers to the responsibility to care for and bring up a child. Parents with legal custody makes medical decisions, decides where the child will go to school, and what religion they will follow. Joint custody is very common. If you do have joint custody, your ex-spouse can take you to court if you do not allow them to be part of the child’s life. The court can enforce custody agreements, although they cannot fine or imprison you. You can ask your Denver divorce lawyer to argue for single custody, but you will have to convince the court that it is not in the child’s interest to live with the other parent.
Custody for just one parent is called sole custody. If the other parent is incompetent this is how the court is likely to rule. The courts have been trying to encourage participation by the other party in the child’s life by limiting sole custody rulings. The court can award sole physical custody and joint legal custody. The other parent can still visit often in most Denver child custody battles. Unless you really think your spouse is unfit, do not try and get sole custody because it can be hard on the child.
Joint custody is when the parents share both the decisions and the physical location of the children. Parents often decide on a schedule of visitation or shared housing arrangements. Try to agree, because if you cannot, a Denver family lawyer and the court will get involved to decide on the schedule for you. Joint custody is good for children because it allows the children see both parents, and both parents get to influence the child. It can be stressful because the child has to be moved around, and if the parents are not amicable, the child has to be witness to all the bickering. It can be more expensive to maintain two homes children can live in. Your ex-spouse might challenge that you are not paying equally, so keep a record of all expenses.
How to avoid… or if you need a divorce lawyer
Posted by denverheat in Uncategorized, denver divorce attorney, denver divorce lawyer, divorce lawyer on June 15th, 2010
- The Hot-Headed Divorce Attorney
Divorce is an emotional event. Some are lucky enough to go through it without falling to fighting, but man end up in a sort of divorce hell. When you marry someone without a prenuptial agreement, you are basicaly entering into a contract saying both of you are now one entity when it comes to ownership. At the divorce, this means that hostile ex-partners can now vie for property through the divorce court. A hostile divorce usually forces both parties to hire Denver divorce lawyers. Hiring a divorce lawyer gives you a good shot at getting more property, but it also costs more and complicates the whole thing, especially when you start battling over child custody.
So the real secret to divorce happiness is to make the decisions mutually. Of course this is not possible in all situations, but if you can work the break up between yourselves you will be able to avoid hiring a lawyer and keep the decision making process out of the courts. A mediator might be a good option if you think a neutral third party would be better than aggressive lawyers. This will keep the children out of a messy Denver family law court battle. In most common Denver Divorces, the two sides can work a good portion out my themselves. In Colorado, once you have worked out how the children and money go, you do not even have to go to court once you submit the divorce to make it official.
When it comes to the point where you have to hire a divorce lawyer, who you choose to represent you is critical in how the divorce will proceed from there. Attorneys are in business to make money, and while some good ones will counsel you on what choices you need to make to keep your family and yourself happy, it is always in their best interest to make the most money possible. In our adversarial system, the lawyer’s job is to protect their clients interests as well as possible. If you want as peaceful a divorce as possible tell your lawyer. If your partner hires an aggressive lawyer, you may have to fight back. Lawyers will not mind using children as bargaining chips to get the most out of their adversary. Eventually most people run out of money for legal fees and settle anyways so I advise against that whenever possible.
In some cases where you agree on the general principles, both parties can use one lawyer. In our system a lawyer cannot fully represent two people at odds so it is important that the parties can compromise. I had one client that used a Denver motorcycle lawyer for their divorce just to do the paperwork. Try to keep it civil, because if a major disagreement arises, the lawyer will have to give one or both clients to another attorney.
There is another type of divorce lawyer called a collaborative attorney, who will work with another attorney in his profession to share information and work towards a settlement. These lawyers sign a contract saying that they cannot represent either party in court. This allows the clients to have a clear mind knowing their lawyers do not have a monetary incentive to go to court.
There are some cases when you need to hire the traditional adversarial aggressive divorce attorney. If there is any type of abuse or vindictive behavior. If you do not have the money, some law offices do pro bono work, and at the very least they can point you in the right direction on where to find free answers. The best protection if your spouse hires a lawyer is for you to do the same.
Important Divorce Forms
Posted by hawkeye11 in Denver Attorney, IRS forms, denver divorce attorney, denver divorce lawyer on March 22nd, 2010
Unfortunately, a divorce is happening more and more these days. When a divorce occurs a family is forced to divide their assets and time with their children. When a family divides their assets, this means all of their finances, property and any other mutual investments. Even in the simplest of cases, when finances are involved this means federal tax obligations must be taken care of. This is why it is important to get a Denver divorce Attorney who understands the tax consequences of different situations of a divorce can bring on. It does not matter how good of a negotiator your attorney is if they do not understand the consequences you will be faced with in taxes.
There are 3 documents you will want to make sure you have been aware of by your attorney. The first form being the IRS 2120 Form which is used if there are multiple people claiming a child a dependent. This form is to help with tax exemption in the event if your spouse also claims the dependant. The second form is the IRS 8857 Form which gives relief to a spouse from their join tax return if their spouse was audited and penalized. It is important to find a Denver divorce attorney that completely understands the innocent spouse relief rules to correctly educate their client through negotiation of the divorce. The last form is the IRS 8379 Injured Spouse claim and Allocation Form. This form is important to the couple that also filed out a joint tax return prior to the divorce. When the prior joint return is filed and the refund is used to pay the other spouse for child support, that individual may be considered the “injured Spouse”. They may fill out the 8379 Form to claim their portion of the tax return.
If you hire an attorney who does not understand how a divorce can affect individual’s taxes, you could miss out on a lot of money. Make sure to hire a Denver divorce attorney who has experience in divorce cases and tax benefits.
What to Bring to Meeting w/ Divorce Attorney
Posted by hawkeye11 in Denver Attorney, denver divorce attorney, denver divorce lawyer, denver law firm on January 17th, 2010
The purpose of an initial consultation is for you to share details about yourself and your marriage with the attorney, who can then give you a better idea about what to expect.
What to bring to the meeting with your Attorney:
Being prepared for a meeting with a Denver divorce attorney will allow you to focus on the questions that matter. In order to make the most of your time, you can bring relevant documents about your family and personal finances:
Finances
- Copies of personal and joint bank statements for every checking and savings account
- Tax returns
- Copies of credit card statements
- Information about investments such as stocks and bonds
- Information about personal debts
- Estimated living expenses
Property
- Copies of real estate deeds
- Mortgage statements
- Car titles, registration information, and loan statements
Personal
- Names, ages, and addresses of children
- Evidence to substantiate a claim (adultery, abuse, etc.)
- Items such as photographs to personalize your story
While this may seem like an overwhelming amount of information to gather and provide, the fact is that the more that you tell the lawyer, the more that the Denver lawyer can tell you.
Providing an overview of your finances, property, and family life can help a Denver lawyer
judge whether the likelihood of possible disputes regarding complicated issues such as child custody or the division of property.
Asking the right questions
In addition to telling a divorce attorney about yourself, the initial consultation also allows you to learn more about the attorney. While the attorney may volunteer information, you may want to arrive at the office prepared to ask some questions. Your specific questions will naturally depend on your situation, but you may want to arrive at the office with certain points in mind:
- How much experience does the Denver law firm have handling divorces in your state?
- What percentage of the lawyer’s practice is devoted to divorces and family law issues?
- How does the lawyer charge fees?
These are some questions to consider. Finally, you may want to ask yourself if you feel comfortable with the lawyer and confident that your best interests will be represented.
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