Where’s My Courtroom?

josh sauer Wheres My Courtroom? Denver divorce lawyer

Josh Sauer, Colorado Family Law Lawyer

A person preparing to file a family law case has a lot of issues on his or her mind. These vital issues include future parenting time schedules for any children, living arrangements, maybe even domestic violence issues, et cetera. Naturally, a person may not consider an important threshold question when filing a case: Where’s my Courtroom? Specifically, which county, and possibly which state, do I need to file my case?

When I first started practicing family law, every now and then I would receive a call from a potential client, eager to tell me his story about the marriage, the children’s needs, and his goals at the commencement of his divorce case. Twenty-five minutes later, he starts talking about how much better off the kids will be at their new Colorado school near his new residence compared to the school district where Mom remains living. Where did he live before? California. When did he move to Colorado with the kids? One month ago.

That’s a problem. Mr. Dad just invested half an hour of his time with me going through painful experiences in the forefront of his mind; however, he will probably need to do so again, with an attorney licensed in California.

An individual filing a family law case must always consider the issue of jurisdiction. A Court must have jurisdiction of a case to properly hold a hearing and issue rulings. An overall discussion of the different types of jurisdiction is beyond the scope of this article, and quite frankly, uninteresting to most who simply need to figure out where to file his or her case.

However, there are a few things to keep in mind. First, when consulting with an attorney initially, make sure that at the top of your checklist is an inquiry about where the attorney believes you should file your case. He or she will ask you questions, and help you to determine where to file. For example, if you have lived in Colorado for the entire marriage with a 10 year old child, you may think the obvious place to file your divorce case is in the county you reside, in Colorado. But what if you and your spouse have been physically separated for 1 year, and he moved to another state with the intent to live there if your marriage cannot be reconciled? Then, he files a divorce case where he now resides. He made a mistake, right? Not necessarily. By statute, Colorado would have the jurisdiction to decide matters concerning the child; however, the other state’s law may afford him the right to file there to handle all the other non-child-related issues in the divorce. Therefore, one of the first, if not the first, considerations is to make sure that you work with an attorney to resolve the question of where your case should be filed.

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Where’s My Courtroom?

While navigating through the legal system in a family law matter can be grueling for either party, fathers have their own unique challenges.   Having had the opportunity to represent fathers  in family law cases in Denver and Colorado Springs, I can appreciate the problems many of them must confront in a system that has not always appeared to be gender neutral.  Because of the situations many men find themselves in, it is always a good idea to talk to a family law attorney as early as possible, even if only to get some correct information in how to deal with the many issues men must confront.  Many men, however, suffer silently and then find themselves having to react to events that can, at least initially, compromise their rights as a father.

Although every case is different, an all too typical case is when a man comes to an attorney’s office once he has been served an Emergency Temporary Restraining Order.  This is Order comes about when the opposing party files an Emergency Petition in court without notice to the other side alleging that some threat or danger exists where she and/or the children need protection.   The Order has powerful remedies and can result, among other things, in the father not being able to see his children as well as his being kicked out of the home.  These Orders are often granted despite the severe remedies and lack of due process to the opposing party.  It is understandable that a judge would want to err on the side of caution; what if the one case presenting itself is the one case could turn out to be a horrible tragedy which could have been avoided with an issuance of Temporary Restraining Order.  While it is unequivocal that these Temporary Restraining Orders are essential in some cases, it does appear that some parties may use this very powerful tool as a way to gain an unfair advantage, especially when a divorce or other type of breakup appears imminent.

While the law does require the courts to conduct a full hearing soon after these Orders are entered which allows the man to tell his side of the story and to have the opposing party subject to cross-examination, by then he is in a more vulnerable position.   He has been out of the house and away from the children and often feels completely displaced and is trying to recover from the shock.  In my experience, within a reasonably short amount of time, I have been able to “undo” some of the damage that has occurred to bring things back to a level ground for the client; however, it is a source of stress and some expense that many clients would have preferred to avoid.

It would behoove fathers and men to come see a family law attorney at the very hint of domestic strife,  if only to get good information and to work on a proactive strategy with a legal representative that can  help them look forward and focus on what it most important.    Depending on what is going on in the household, men need to be wary of any disagreements or arguments that could lead to an allegation against them that could trigger a Temporary Restraining Order.   If the police are called, often men are not believed and then the wheels could be set in motion for a criminal or civil complaint that can put the father in an unfair advantage, causing further emotional and financial stress. 

Many law firms, such as ours, provide free consultations which can be worth their weight in gold.   By getting good legal counsel before things fall apart, a father can set up a workable strategy before any major problems unfold.  This will enable the father to focus on his child (ren) and other important matters without falling so readily into the raw emotions that often accompany this stressful period.   Once these systems are in place, the parties will have a workable structure to move forward in a healthier way for themselves and for their children.

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The Unique Challenges Fathers Face in Family Law

Johnson Sauer Legal Group is proud to announce the addition to our family law team of Robert L. Pomper. Rob joins our firm after relocating to Colorado from Chicago, where he served as the litigation director for a 26-attorney father’s rights law firm and won the firm’s “2009 Best Strategist Award”.

Rob’s 18 years of experience in family law and dedication to this area of legal practice make him a great addition to the Johnson Sauer team. He brings with him a wide range of experience in both complex and simple divorce cases, exceptional client satisfaction, strong writing and speaking skills, and a history of advocacy on father’s right’s issues.

We look forward to getting Rob right to work on his own case load as well as his participation in our strategy sessions for all of the firm’s clients. Welcome on board Rob!

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Robert L. Pomper Joins JSLG

sc01b289a8 187x300 Sad Goodbye Denver divorce lawyerEarlier this month, our marketing director, Andy Caress, passed away after a 2 year battle with melanoma. Andy was only 24 at the time but those of us that knew and loved him saw a young man who lived a life more full than many who lived 3 times longer. A professional tennis player, Andy brought his sense of competition to work where we worked tirelessly to improve this website and our other projects.

Andy was most proud, though, of his efforts to raise awareness of the risks of skin cancer, including melanoma. He developed a foundation, raised money, donated to national research projects and helped thousands understand the need for better prevention and protection. You can see some of his efforts at www.mela-KNOW-more.org and www.andycaress.com.

Our firm hosted a memorial for Andy last weekend at one of Andy’s favorite spots, Hamburger Mary’s. His parents attended from Ohio where they hosted a memorial with 900 people in attendance. Later next month, Andy’s friends in Steamboat will hold an event at the tennis center. Andy changed so many lives and reached so many people, it’s hard for all of us to say goodbye. We’ll miss you Andy.

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Sad Goodbye

Johnson Sauer Legal Group is proud to announce the formal launch of our new, redesigned website! Six months in development, the new site represents a fundamental shift in legal online presence. While other sites are designed as electronic business cards, providing information only about the firm and it’s lawyers, the new JSLG site is designed to provide visitors with help.

The help may come with our “Do-It-Yourself” section of free forms, our free child support iPhone app, “iSupport”, or it may simply be an education about the divorce process in Colorado. Our objective is to use the amazing experience of our lawyers in and out of the courtroom to help visitors walk through family law cases.

Not only do we provide vastly more information than any other Colorado divorce law firm’s website, our site customizes itself as you move through it to better provide you focused information. It’s designed to help you answer the most important questions, not overload you with irrelevant information. The first of it’s kind, this site redesigns itself with each selection you make to better help you learn about your Colorado family law case.

And we’re just getting started! Exciting new elements are still in development, with roll-out over the next six months. We’d love to talk about them but until they’re ready for prime time, we want to be sure our developers have the opportunity to get it right.

Helping people is our business. This new site makes that objective obvious. It’s this commitment to providing as much helpful information as possible that sets JSLG apart from our competitors.

It’s what makes JSLG Denver’s Premier Family Law Firm.

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New Website Launched!

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iPhone App for Colorado Child Support Cases

At JSLG, we’re excited to begin the testing of our new child support calculator iPhone app, iSupport. iSupport will help those involved in child support cases accurately gauge their potential support obligation or entitlement. A fully functional calculator based directly on CRS 14-10-115, iSupport provides for the federal tax credit, support for other children and even directly links to video information on our YouTube channel designed to help users understand the complexity of accurately calculating child support under the Colorado guidelines.

Look for iSupport to be available for free download in the coming weeks.

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iPhone App in Beta!

At Johnson Sauer Legal Group, our divorce lawyers know that not everyone can afford lawyers to represent them in their Colorado family law cases. Sometimes, the issues are straightforward and lawyers aren’t needed. Other times, the parties expect to be able to work things out. In these cases, this free form section may be all you need.

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Free forms

The JSLG “Divorce Survivor Center” is another unique feature of our world-class website. While some law firms just prepare paperwork and appear in court, our firm knows that the responsibility we owe to our clients is broader. Using our incredible experience of helping people through thousands of Colorado family law cases, our lawyers provide insight and helpful resources that go beyond just a “form practice”. The Divorce Survivor Center is a place we offer resources to provide balance and perspective on the difficult issues in family law cases.

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Divorce Survivor Center

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shelley pic Mother’s Rights and Parenting Time: Do Moms Have the Advantage in Colorado Courts? Denver divorce lawyer

Clients faced with parenting time issues often ask where the court’s loyalty lies when it comes to who gets custody – does the court favor mom or dad? Today, the term “”custody” has been replaced with “parenting time”, and it’s not just the terms that are changing with the times. Although fathers are often quick to raise a suspicious eyebrow, the answer is the same no matter who asks the question. Colorado Courts are remarkably gender-neutral, and the most important factors used to determine which parent is entitled to more parenting time really depend on each family’s specific facts.

Mothers may seem as though they have an advantage before the court in terms of parenting time because moms tend to be the primary caretaker in the household, especially in terms of caring for infants and younger children. However, having a stay-at-home mom is no longer the norm. In many Colorado homes, the economy has forced both parents into the workforce, or in the alternative, fathers are taking off their ties and pushing up their sleeves as stay-at-home dads.

So how does the court decide who gets how much parenting time? The standard the court uses, and which every parent should plant firmly in their head, is that of the best interest of the child. The court gives principal consideration to the child’s physical, mental and emotional needs. Courts also want to encourage frequent and continuing contact between each parent and the child.

By Colorado statute, the court considers a myriad of factors for establishing parenting time, including, but not limited to: the parents’ wishes, the child’s wishes, the child’s involvement with family, school and the community, the ability of the parents to encourage the sharing of love and affection between the child and the other parent, the health of the parents and the child, and which parent has primarily cared for the child in the past. Other factors the court will consider are whether one parent perpetrated spousal or child abuse, or abused drugs or alcohol.

The best parenting schedule really depends on each family’s particular situation. In a great many cases, splitting a child’s time equally between parents may be the best thing for a family going through a divorce. Depending on the proximity of each parent’s home, it may be in the child’s best interest to have portions of the week split between each parent, such as the child spending school nights at one parent’s home and weekend nights with the other parent. Splitting parenting time during the week gets significantly more difficult the farther apart parents live. That distance may warrant a parenting schedule where the child lives with one parent during the school year and the other parent during vacation time.

Whether parents are able to reach a parenting schedule negotiating and agreeing between themselves, or whether parents require a court to help make those decisions for them, each parent should understand that their children are not something to be won or lost in the divorce.

If you are considering a divorce or separation, consult a family law attorney experienced in parenting schedules to advise you as to what kind of plan would best suit your family’s needs.

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Mother’s Rights and Parenting Time: Do Moms Have the Advantage in Colorado Courts?

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Dads on the Air

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About a Boy stars a guy called Will, who doesn’t really want any children. He wonders why it bother people that he lives so happily alone in his fashionable, Lego-free flat, with massive speakers, and an expensive cream colored rug that no kid has ever thrown up on. Then Will meets Angie. He has never been out with a mom before.
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About a Boy

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Set against the colorful backdrop of New Orleans, SOUTHERN FRIED DIVORCE raucously recounts the author’s divorce from “That X”-a classic bad boy-and the unpredictable roles he plays in her life afterward. The book opens with his showing up on her doorstep, in mid-Spring, covered in red and green ribbon, smelling of Jim Beam, and bearing a belated Christmas gift-a home security package in the form of a .38 revolver and a brown puppy. After wondering what kind of ex-husband gives his wife a gun, she gives the puppy back and the adventures with that ex-husband and the brown dog, who are soon inseparable, begin.
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Southern Fried Divorce

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Wouldn’t it be nice if you could sit down with a lawyer who normally charges $600 per hour without any concern as to the amount of the legal fees you would incur? To get some expert, straightforward advice for yourself, a family member or friend who is contemplating marriage or divorce? Now is your chance to blow the bank on legal fees without actually doing so. A top family law attorney for twenty years provides hard-won reflections and commonsense advice (with witticisms) on love, marriage, and living together. Don’t even think about tying the knot, breaking up or starting all over again without reading this lively, invaluable book.
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What Were You Thinking

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Based on years of successful counseling of couples and individuals, Men Are from Mars, Women Are from Venus has helped millions of couples transform their relationships. Now viewed as a modern classic, this phenomenal book has helped men and women realize how different they really are and how to communicate their needs in such a way that conflict doesn’t arise and intimacy is given every chance to grow.
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Men are from Mars, Women are from Venus

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A revolutionary new diet that has saved the lives of dangerously overweight individuals by letting them eat more of the right foods-and that can help anyone lose weight, from a quick 10 pounds to 40, 50 or more.
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Eat to Live

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The frank, “get real” approach of this diet book may be just right for those who have tried and tried without success to lose weight and keep it off. As the title indicates, the language is salty as Rory Freedman and Kim Barnouin tell readers just what they must get rid of in their everyday eating: sugar first, followed by meat and dairy. Freedman and Barnouin recommend a vegan lifestyle, and tell why, and then offer more than 75 recipes for breakfast, lunch, dinner, and snacking. They help readers break through the mental denial about bad food habits, and offer responsible and fun food choices without denying cravings and appetite.
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Skinny Bitch

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Do clouds truly have silver linings? Betty Rollin answers with a resounding yes in this wise, moving, and funny book about the surprising upsides to life’s most challenging, painful, and seemingly insurmountable low blows. Rollin has been there. After being diagnosed with breast cancer more than thirty years ago-and again nine years later-she managed to find an astonishingly bright side to the darkness. She shares her often zany and unpredictable personal experiences of turning the worst into the best, and shows how others have done the same-thriving in adversity to a remarkable degree and coming to recognize their various blessings in disguise.
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Here’s The Bright Side

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Laura Dave is widely recognized as an up-and-coming talent in women’s fiction. Now, with her characteristic wit and warmth, she captures a much-discussed cultural phenomenon that has never been profiled in fiction before-divorce celebrations. Set in Hamptons high society, The Divorce Party features two women-one newly engaged and one at the end of her marriage-trying to answer the same question: when should you fight to save a relationship, and when should you let go?
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Divorce Party

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In this funny and fascinating guide for women, thousands of men confess what turns them on, what turns them off, and what turns “for now” into “forever.” With shocking and never-before seen statistics and powerful confessions, Men’s Health editor-in-chief David Zinczenko presents a funny and fascinating guide for women into the inner workings of the male mind.
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Men, Love and Sex

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One of the world’s greatest spiritual leaders teams up with a psychiatrist to share, for the first time, how he achieved his hard-won serenity and how readers can attain the same inner peace.

One of the biggest problems facing humanity is the struggle to find happiness in this life. The compassionate Dalai Lama carefully exposes a feeling of warmth and wholeness that leads to happiness.

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Art of Happiness

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One of the hardest truths about divorce is that every split – no matter when it occurs – will have lifelong effects on the children caught in the crossfire. While most people acknowledge our pain during our parents’ parting, few of us realize that our most significant insecurities, questions, and doubts may not show up for years, when we seek our own intimate relationships as adults.
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Generation Ex

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If you grew up as a child of divorce, you may find yourself asking: Why am I so afraid of conflict? Why do I have such a fear of commitment? Why am I always waiting for the “other shoe to drop,” even at moments of success? You may be surprised to discover how common these feelings are for children of divorce, especially as they get older. Dr. Judith Wallerstein has been studying the effects of divorce on children for 25 years, but even she wasn’t expecting the findings presented here: that while children learn to cope with divorce, its greatest effects don’t emerge until adulthood
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The Unexpected Legacy of Divorce

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“The Science of Sleep,” a playful romantic fantasy set inside the topsy-turvy brain of Stephane Miroux (Gael Garcia Bernal) an eccentric young man whose dreams constantly invade his waking life. While slumbering, he is the charismatic host of “Stephane TV,” expounding on “The Science of Sleep” in front of cardboard cameras.
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Science of Sleep

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Based on the Nobel Prize-winning novel by Boris Pasternak, Doctor Zhivago covers the years prior to, during, and after the Russian Revolution, as seen through the eyes of poet/physician Yuri Zhivago (Omar Sharif). In the tradition of Russian novels, a multitude of characters and subplots intertwine within the film’s 197 minutes (plus intermission). Zhivago is married to Tonya (Geraldine Chaplin), but carries on an affair with Lara (Julie Christie), who has been raped by ruthless politician Komarovsky (Rod Steiger).
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Doctor Zhivago

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When the canine sidekick of a dedicated cop is framed for a crime that no upstanding pooch would dare commit, it’s up to the policeman’s thirteen year-old daughter to clear the dog of any wrongdoing. Officer Dan Harding (Dean Cain) may be a hero in the community, but to his adolescent daughter Julie (Britt McKipp) he’s just another dad who’s too busy to bond with his family.
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Ace of Hearts

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It’s all about the music. And the search for love. And Manhattan after dark. And serendipity. And how they all combine in one magical night, when Nick and Norah cross paths, compare playlists, and let music and coincidence bring them together.
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Nick and Norah’s Infinite Playlist

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Three-time Oscar nominee Tom Cruise delivers the most electrifying performance of his career in this riveting film based on the international best-seller. Cruise plays Mitch McDeere, a brilliant and ambitious Harvard Law grad. Driven by fierce desire to bury his working-class past Mitch joins a small, prosperous Memphis firm that affords Mitch and his wife (Jeanne Tripplehorn) an affluent lifestyle beyond their wildest dreams.
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The Firm

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Based on Terry McMillan’s best-selling novel How Stella Got Her Groove Back, stars Angela Bassett as a 40-year-old, Manhattan stock trader and single mother whose static life gets a jolt during a vacation with her pal (Whoopi Goldberg) in Jamaica. Sparks fly when Bassett meets a 20-year-old stud (Taye Diggs) who has an ambivalent career path but a great body and lots of sexual energy to burn. After some prodding by Goldberg’s warm-funny secondary character, Bassett gets it on with the fellow–and proceeds to worry about what she’s doing with a man half her age.
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How Stella Got Her Groove Back

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Funny at times, The Break-Up is a gut wrenching yet surprisingly honest story. This film is in no way a romantic comedy, as many movie-goers had initially anticipated. Instead, Vince Vaughn and Jennifer Aniston walk viewers through the stages of grief (and in some ways, torture) we put ourselves through when trying to decide whether or not a relationship is worth salvaging.
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The Break Up

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Ryan Gosling plays sweet, sensitive and exceptionally shy Lars, a man who never learned how to interact with the opposite sex, in part because of his mother’s passing during birth. Through a series of events, Lars decides that he will woo his online girlfriend – who just happens to be an adult sex doll. Unpredictable, strange, lovable yet naive and innocently portrayed, Lars and The Real Girl is a must-see movie for anyone who has given up on love and romance, or for those lacking a strong sense of community.
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Lars and the Real Girl

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This underappreciated Charlie Kaufman-penned flick flows from an ingenious premise. What if you could wipe all the memories from a relationship completely clean from your brain, so you could move on with your life as if the whole heart-wrenching experience never took place? Sounds like a fantastic idea, right? Only it doesn’t turn out to be that simple, as Eternal posits that washing our memories can’t truly cleanse a relationship from our true makeup.
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Eternal Sunshine

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For anyone who’s ever been in love with a song or just plain in love comes High Fidelity. More than just funny, this well executed film moves the viewer as it amuses them. High Fidelity is filled with characters who seem quite real, contained by the great John Cusack. Cusack’s classic dry humor is intact and as enjoyable as ever. Link that with a big league soundtrack and sharp director Stephen Frears, and you have a film that is nothing short of a masterpiece.
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High Fidelity

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Based on the true childhood experiences of director Noah Baumbach, The Squid and the Whale tells the story of a patriarch (Jeff Daniels, Dumb & Dumber, Speed) of an eccentric Brooklyn family who once had been a great novelist, but has settled into a teaching job. When his wife (Laura Linney, Exorcism of Emily Rose, Kinsey) discovers a writing talent of her own, jealousy divides the family, leaving two teenage sons to forge new relationships with their parents.
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The Squid and the Whale

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Thirty-two-year-old Sonny Koufax (Adam Sandler) has spent his whole life avoiding responsibility. But when his girlfriend dumps him for an older man, he’s got to find a way to prove he’s ready to grow up. In a desperate last-ditch effort, Sonny adopts five-year-old Julian (Cole Sprouse, Dylan Sprouse) to impress her. She’s not impressed … and he can’t return the kid. Uh-oh for Sonny!
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Big Daddy

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Brad Pitt and Angelina Jolie smolder in one of the most anticipated, sizzling action films ever made. After five (or six) years of vanilla-wedded bliss, ordinary suburbanites John and Jane Smith are stuck in a rut the size of the Grand Canyon … until the truth comes out! Unbeknownst to each other, they are both coolly lethal, highly paid assassins working for rival organizations.
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Mr. and Mrs. Smith

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In this uproarious hit from the director and producers of The Nutty Professor, comic genius Jim Carrey stars as a fast-talking attorney and habitual liar who, forced by his son’s birthday wish, must tell the truth for the next 24 hours. Co-starring Jennifer Tilly, Swoosie Kurtz and Amanda Donohoe.
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Liar Liar

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Jack Lemmon and Lee Remick are unforgettable and the title wins and Oscar in Blake Edwards’ searing, bittersweet study of an alcoholic couple on the rocks.
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Days of Wine and Roses

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Kinsey is a portrait of researcher Alfred Kinsey, driven to uncover the most private secrets of a nation. What begins for Kinsey as a scientific endeavor soon takes on an intensely personal relevance, ultimately becoming an unexpected journey into the mysteries of human behavior. Liam Neeson stars as Kinsey, who in 1948 irrevocably changed American culture with his book Sexual Behavior in the Human Male.
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Kinsey

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An unconventional love story about a teenage girl and her eternally young vampire paramour unfold in HD. Twilight, the first film in the series based on No. 1 New York Times bestselling sensation by Stephanie Meyer, adds a dangerous twist to the classic story or star-crossed lovers.
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Twilight

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While much of this movies success can be attributed to the sublime acting, the real miracle of this gentle entry is that the Oscar-winning screenplay rings true in every emotional detail. Miles’ mid-life crisis and depression as a failed author, failed husband, and failed friend is heartfelt and poignant.
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Sideways

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A good-time battle-of-the-sexes satire of snappy one-liners, great physical-comedy gags and three unforgettable stars in top form. Bette Midler, Goldie Hawn and Diane Keaton portray mid-life Manhattanites who have more than a longtime friendship in common. After years of helping their hubbies climb the ladder of success, each is dumped for a newer, curvier model. But they’re determined to turn their pain into gain. They come up with a devious plan to hit their exes where it really hurts – in the wallet!
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First Wives Club

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A witty, romantic, and very dangerous love story about chance meetings, instant attractions, and casual betrayals. Closer is Mike Nichol’s critically acclaimed look at four strangers – Julia Roberts, Jude Law, Natalie Portman and Clive Owen – with one thing in common: each other.
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Closer

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Reuben Feffer (Ben Stiller) is a guy who’s spent his entire life playing it safe. Polly Prince (Jennifer Aniston) is irresistible as a free-spririt who lives for the thrill of the moment. When these two comically mismatched souls collide, Reuben’s world is turned upside down, as he makes as uproarious attempt to change his life from middle-of-the-road to totally-out-there!
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Along Came Polly

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In addition to completing the Sworn Financial Statement, if either party has the following:

Then that person must file an additional document known as a Supporting Schedule, which is a form that details this information.

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Sworn Financial Statement Schedules

In a Colorado family law case, including divorce actions, both parties have the responsibility of exchanging necessary financial documents with each other. In order to determine which financial documents must be exchanged, please see the link below to Form 35.1 which is a reference to C.R.C.P. 16.2(e).

This process is known as discovery. In a divorce action, discovery is the process by which each side has the opportunity and right to see the financial information that they are preparing to bring before the Court. Discovery is defined in C.R.C.P. 26. Moreover, this process creates an avenue for settlement and also puts both parties on an equal playing field.

This process is mandatory under C.R.C.P. 16.2. In order to fully complete this process, both parties must fill out a Sworn Financial Statement and a Certificate of Compliance. These documents must be filled out before you exchange the mandatory financial disclosures with each other.

A Sworn Financial Statement is a form which requires each party to provide information regarding:

Furthermore, if either divorce party has the following:

Then that person must file an additional piece of paper known as a Supporting Schedule, which is a form that discloses this information. After you have filled out your Sworn Financial Statement, you must then complete a Certificate of Compliance.

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Sworn Financial Statement

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Since a Protective Order is usually enforced by the police, it is very important to register the Order with the proper authorities should you need to enforce it. You should always keep a copy of the order with you as well.

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Registering PO

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Along with your Motion for Protective Order, you must submit an incident checklist. This checklist is critical to the court in determining the extent of protection required.

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pdflogo1 Incident Checklist Denver divorce lawyerIncident Checklist

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Incident Checklist

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This set of helpful instructions for obtaining a Protective Order in a Colorado family law or divorce case was prepared by the State of Colorado.

These instructions can help walk victims through the process and can answer many questions about the various stages of obtaining a Protective Order (formerly called a restraining order) in a domestic violence or other family law case.

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Instructions

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This notice advises a party’s employer to begin withholding a certain from any funds owed by the employer to an employee who owes a support obligation.

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Notice to Withhold

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This notice advises an employer that an income assignment has be ordered and implemented.

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Notice to Employer

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Advance notice of a pending wage assignment is a means by which the party owed the money can be certain that there is no delay in obtaining payment directly from the employer.

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Notice of Pending

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Advance notice of a pending income assignment is a means by which the party owed the money can be certain that there is no delay in obtaining payment directly from the employer.

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Advance Notice

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This set of helpful instructions for filing an income assignment in a Colorado family law or divorce case was prepared by the State of Colorado.

These instructions walk parties through the process and can help answer many questions about the various stages of implementing an income assignment in a Colorado divorce of other family law case.

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Instructions

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This set of helpful instructions for filing a contempt action in a Colorado family law or divorce case was prepared by the State of Colorado. It walks parties through the process and can help answer many questions about the various stages of a contempt proceeding.

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Instructions

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Stipulation Re Modification

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As part of your Motion to Modify, you must also submit a draft Order for the Court to consider. The court may chose to sign your order or may draft its own from scratch.

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Order for Modification

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A Motion for Modification is the first step in seeking a modification of a previous court order. It is filed in the same action as the order. Among other requirements, it must clearly state what order you seek to modify and why, and generally, what you are seeking to change it to.

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Motion for Modification

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This set of helpful instructions for filing a Motion for Modification in a Colorado family law or divorce case was prepared by the State of Colorado.

These instructions walk parties through the process and can help answer many questions about the various stages of a modification proceeding.

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Instructions

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In the event the Court determines you’ve properly alleged a violation of a valid court order, this Order to Issue Citation and Show Cause will be completed by the court clerk, sign by the judge and then sent out for service on the other party.

You must arrange for personal service of the Citation and Show Cause Order.

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Order to Issue Show Cause

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A contempt proceeding is initiated by the filing of a Motion for Contempt Citation alleging a violation of a valid court order. It is filed in the same action as the allegedly violated order. (See Instructions for Filing Contempt).

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Motion for Contempt

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Even though the Colorado legislature has clearly laid out a formula for child support, parties still argue extensively over the numbers which go into the support calculation. So while life is better for all involved because of the formula, child support is a persistence source of conflict in Colorado family law cases.

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Child Support Worksheets

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Generally, where a Colorado divorce doesn’t involve minor children and where lawyers are not involved, and where the parties have settled all matters and submitted all their paperwork, a court may decide to grant a divorce decree without holding a hearing.

The Affidavit for Entry of Decree without Appearance of the Parties is submitted to the court for this very reason. Some courts, however, will still require an appearance by both parties regardless of the Affidavit.

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Affidavit for Decree without Appearance of Parties

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Support Orders are granted by Colorado family law courts when one divorce party is determined to owe an on-going obligation to the other party. These support obligations may be either child support or maintenance obligations.

Once a support order is granted in a Colorado family law case, a party may enforce the order in many ways, including income assignment. If a divorce party fails to comply with a support order, a contempt citation may be sought.

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Support Order

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A decree of dissolution (divorce) is the document which terminates the marriage. The divorce decree may not be granted any earlier than 90 days after service of the divorce petition on the respondent. It may be granted with or without a hearing. The divorce decree is also the document wherein a party may obtain a name change.

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Form of Decree

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A Parenting Plan is the controlling document with regard to parenting time and decision making. It also usually identified who pays the health insurance for the children and which parent will be designated the primary residential custodian.

A parenting plan is only used when the parties are able to resolve their differences by way of agreement. If parenting time and decision making are left to the judge, then the judge’s Permanent Order will control these issues.

A parenting plan should contain a detailed schedule of each parent’s regular and holiday parenting time, transportation obligations and times, as well as a plan for handling all major decisions in the child’s life.

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Parenting Plan

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If the parties are able to settle their divorce in Colorado, they prepare a Separation Agreement which lays out the agreed upon terms. Specifically stating the terms can be very helpful to the family law court in determining whether the terms are fair to the divorce parties involved.

Most Colorado family law cases are settled and Separation Agreements are submitted to the divorce court for review and approval. Once approved, the terms become Orders of the court, subject to contempt if they’re violated.

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Separation Agreement

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In a Colorado family law case, the pre-trial statement is used to help advise the family law court about what evidence you intend to present at the divorce hearing. You must list witnesses, identify exhibits and advise the divorce court about the issues you expect to argue and what your position is on those issues.

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Pre-Trial Statement

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A Certificate of Compliance is a Colorado family law form that details all of the financial documents that you have given to the other divorce party. This form certifies that you have complied with Colorado divorce law and that you are not keeping anything from the other party.

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Certificate of Compliance

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As part of all divorces in Colorado, each party must make a full and truthful disclosure of all their assets, both marital and separate. This document helps parties figure out how to comply with this Colorado divorce requirement and what documents must be filed with the family law court proving compliance.

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Mandatory Disclosure List

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The Response in a Colorado divorce is filed by the Respondent in the divorce, stating what their position is on the relief requested by the Petitioner in their petition.

Also, if the Respondent wants the Colorado family law court to do something above and beyond what is laid out in the divorce petition, this is the document where they advise the court.

For example, if the Respondent is seeking an award of child support, it should be clearly stated in the Response.

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Response

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A certificate of service is proof that you’ve served on another party, in an appropriate and approved manner, certain documents in your Colorado family law case, including divorce cases.

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Certificate of Service

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It’s an unfortunate fact of domestic violence but, often because of the absolute control exerted by an abuser, the other spouse has absolutely no access to resources – sometimes there’s no money to pay for a lawyer and other times, there’s not even enough to pay the filing fee for a Protective Order. While the Court can’t help you with attorney fees, it may be able to help you with the filing fee. In certain circumstances, a court may waive the costs associated with it’s own filing fees.

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pdflogo1 Motion to Waive Costs Denver divorce lawyerMotion to Waive Costs

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Motion to Waive Costs

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When an abused spouse seeks a protective order and there are children involved, an Affidavit re Children must be completed and submitted to the court along with the Motion for Protective Order.

Parenting provisions and provisions protecting the children may expire after 120 days. It is critical that, should the children continue to need protection, an action in District Court be initiated prior to the expiration of this deadline.

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pdflogo1 Affidavit Re Children Denver divorce lawyerAffidavit Re Children

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Affidavit Re Children

In order for a Colorado divorce to start, someone must file a petition for a divorce in the correct family law court. A petition for divorce is a form that is submitted to the court which asks the family law court to grant you a divorce.

The person requesting the divorce is known as the Petitioner and the person who is responding to the request is known as the Respondent. In order to properly file a petition for divorce, it must be accompanied by a summons.

In a Colorado divorce involving minor children the Petition must contain vital statistics for the children.

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8610 Explorer Dr., Suite 302,
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