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Boulder Colorado Legal Blog

Colorado property division, family law and divorce

In a Colorado divorce, the focus will understandably be on children, their support and custodial issues. Spousal maintenance will also come to the forefront. There are many avenues of dispute in any case involving family law and divorce. Property division might get lost in the shuffle, but that does not diminish the importance of understanding the law and how it is determined what will be divided as marital property and what will be separate property. Having legal assistance is critical with these circumstances.

When determining how marital property will be divided, the court will consider how much each party contributed to its acquisition. That will factor in the contribution of a person who was functioning as a homemaker. The property will have value and this will be set apart to each party. When the division of property goes into effect, the circumstances of the spouses will be considered. That will include how desirable it is for one or the other to maintain the family home and to live there for a reasonable amount of time with children. If there were increases or reductions with the value of separate property that a spouse brought into the marriage, this will be assessed.

Men arrested on property crimes for bicycle thefts

Colorado property crimes and a conviction for them can lead to significant penalties and extensive problems. These can be linked to the theft of large items and smaller items. Those who are accused might not realize the possibility of jail time, fines and how a conviction can impact their lives even after they have completed a sentence. Numerous problems can arise from any criminal conviction and it is important to understand how legal advice can be integral to a defense.

Two men were arrested for allegedly stealing bicycles on the campus of Colorado University. These incidents occurred both on and close to the campus. A person saw something happening at the bike racks near a residence. Law enforcement was called and one man was arrested because of theft and for possessing burglary tools. Several days later, a bicycle that was used for bait was found to be moving. It had a chip to track its whereabouts. A man was found with the bicycle and arrested. He too faces charges for theft and possessing burglary tools. He also had drugs and was found to have three outstanding warrants.

DUI/DWAI charges for woman after crash with bicyclist

When considering legal violations and what can get people into trouble with the law in Colorado, one of the most common ways in which people who are otherwise law-abiding can find themselves under arrest is if they are accused of driving under the influence or driving while ability impaired. A conviction can result in jail time, fines and a loss of driving privileges. The severity of the penalties will often depend on the circumstances of the incident that precipitated the arrest. For example, if there was a crash, the person can face harsher penalties than they would for a simple DUI/DWAI charge. Regardless, those who are charged should make sure they have a strong legal defense to try and combat the charges.

A crash between a car and a bicyclist led to DUI charges for the vehicle's driver. The incident occurred in the afternoon at shortly after 3:20 p.m. The driver is a 32-year-old woman. She was driving a Jeep Cherokee when she crashed into a bicyclist. According to the investigation, the vehicle was going west when it went out of control, went right and then veered into the other lane as the driver tried to overcorrect. It hit the rider as the bike was going in the opposite direction. The rider, a female, was taken to the hospital via helicopter and was reported to have been seriously hurt.

Disputes over parenting time in family law and divorce

Any Colorado marriage that fails will have disputes. Some of them are minor and the couple can be amicable with one another. Others are contentious and children and other basic issues are the only reasons they have continued contact. Most generally fall somewhere in between. With family law and divorce, conflict can happen for a variety of reasons, but one of the most complicated and contentious is when there is a disagreement over parenting time. Understanding the law in these matters is helpful. Also important is having legal advice from a qualified family attorney.

The law states that when a parent has filed a motion over the other parent failing to follow the parenting time order, the court will decide within 35 days and subsequently respond to that motion. The court can do the following: deny the motion if the allegation is deemed as inadequate; schedule a hearing and inform the parents as to when it will be; order the parents to take part in mediation within 63 days and, if there is an agreement from the mediation, the court can approve it or it can schedule a hearing when there is no agreement.

Man faces DUI/DWAI charges after driving into boutique

When there is an auto accident in Boulder, it is part of the investigative process that law enforcement will consider the possibility that the driver was driving under the influence or driving while ability impaired. This is especially true in an unusual kind of accident such as a driver crashing into a building or a store. It makes matters worse if there were injuries in the accident. When a driver is arrested for DUI/DWAI, it is imperative to understand the potential consequences of a conviction and to know that there are avenues to craft a viable defense with assistance from a qualified legal professional.

A man who was allegedly under the influence drove his vehicle into a fashion boutique catering to women and injured a 3-year-old girl. The accident happened in the mid-morning at around 11:35 a.m. The child escaped serious injury because the vehicle did not hit her, but she suffered injuries from glass and other objects from the accident. When law enforcement investigated, they determined that the man was under the influence and arrested him.

DUI/DWAI charges can apply to bicyclists in Colorado

When driving under the influence or driving while ability impaired are understandably associated with people operating a motor vehicle in Colorado, it is important to understand that the charges can be applicable in other circumstances too. This could sound unusual, but many people are arrested for violations when they did not even realize there were laws regulating certain activities. Riding a bicycle while under the influence is one of them.

Those who are riding a bicycle could find themselves under arrest for DUI/DWAI if law enforcement stops them and finds they are under the influence or their ability is impaired. With the warmer weather rapidly approaching and more people in the state deciding to shun a motor vehicle and use a bicycle, those who are charged must remember their right to a strong defense. A woman was recently arrested for riding her bicycle while she was intoxicated. This might come as a surprise to people who pigeonhole DUI/DWAI as something that can only happen if it is a motor vehicle driver, but state law classifies bicycles as vehicles. With that, riders must adhere to the law and stay sober to ride and avoid an arrest.

Man arrested for harassment and stalking ex-girlfriend

Throughout Colorado, people become involved in relationships that go sour. In most cases, both parties will go their separate ways and forget about the other person. In some, however, people are accused of stalking and harassment. Those who are facing accusations that they are behaving as a stalker or harassing another person could deal with a variety of penalties if there is a conviction. In addition, the words "stalking" and "harassment" carry with them such negative connotations that it can hinder a person's life over the long-term. Having legal defense is imperative when dealing with these situations.

A man was accused of stalking and harassing an ex-girlfriend. He was arrested. The man, 58, was said to have continually contacted the woman by calling her and sending her text messages. He was arriving at her workplace, going to her home without an invitation, and tried to contact her using social media. This is said to have continued for six months after they parted ways as a couple. Her co-workers stated that the man also made calls to the business and hung up when she was not the person who picked up the phone. Another said she saw the man walk back and forth in front of the business to see if the woman was there.

How courts decide on spousal maintenance

In divorces where one spouse's earning potential is much higher than the other spouse's, Colorado courts may rule that justice requires the higher-earning spouse to pay maintenance, also known as alimony. Understanding the law is key to these situations.

The following will be considered with maintenance, its amount and duration: the financial resources of the spouse who is receiving maintenance and if he or she can meet their needs; the financial resources of the spouse who is paying and if the payments can be met; what the marital lifestyle was; how marital property will be distributed; the income, employment, ability to be employed and if there is a reduction of employment because of a child; and if one spouse had a higher or lower income when compared with the other.

What happens if my underage child is caught drinking and driving?

It is a serious crime for those under age 21 to be caught drinking and driving. Your child could be charged with an Underage Drinking and Driving (UDD) offense if he or she had a blood alcohol concentration (BAC) between .02 and .05. If your child had a BAC of .05 or higher, he or she will receive the same punishments as an adult driver, including a Driving While Ability Impaired (DWAI) offense or a Driving Under the Influence (DUI) offense.

UDD offense

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