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The Practitioner's Guide to Colorado Domestic Relations

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The Practitioner's Guide to Colorado Domestic Relations LIST OF CHAPTERS VOLUME 1 Chapter 1 ETHICS IN FAMILY LAW Linda Creagan, Esq. Chapter 2 PREMARITAL AND MARITAL AGREEMENTS Catherine H. Puttmann, Esq. Courtney R. McConomy, Esq. Chapter 3 JURISDICTIONAL ISSUES IN THE DISSOLUTION OF MARRIAGE AND GENERAL OVERVIEW OF DISSOLUTION PROCEEDINGS Brenda L. Storey, Esq. Chapter 4 PARENTAL RIGHTS AND RESPONSIBILITIES Brenda L. Storey, Esq. Chapter 5 RELOCATION ISSUES IN FAMILY LAW Carolyn C. Witkus, Esq. Jon Eric Stuebner, Esq. Chapter 6 PROPERTY OF THE MARRIAGE: VALUATION AND DISTRIBUTION UPON DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION Ronald D. Litvak, Esq. Michael V. Switzer, Esq. Chapter 7 HOW TO AVOID BEING A PERA-PATHETIC ADVISOR Frederick C. Ebert, JD, Retired CPA Chapter 8 SPOUSAL MAINTENANCE Robin Lutz Beattie, Esq. Chapter 9 CHILD SUPPORT Sarah W. Quinlan, Esq. Chapter 10 DIVORCE TAXATION Brenda M. Clarke, CPA/ABV/CFF, CVA Chapter 11 DETERMINING WHEN TRUSTS ARE PROPERTY FOR THE PURPOSE OF EQUITABLE DIVISION Suzanne Griffiths, Esq. Eliza R. Steinberg, Law Clerk Chapter 12 RESERVED (6/18) TOC-1 The Practitioner’s Guide to Colorado Domestic Relations Law Chapter 13 SEPARATION AGREEMENTS Ann Gushurst, Esq. Chapter 14 THE MEDIATION PROCESS Rose-Anne Landau, Esq. Chapter 15 CASE MANAGEMENT PART I: COMMENCING THE ACTION Jerremy M. Ramp, Esq. Chapter 16 CASE MANAGEMENT PART II: DISCLOSURES, DISCOVERY, SETTLEMENT, AND TRIAL Jerremy M. Ramp, Esq. Chapter 17 EXPERT WITNESSES James S. Bailey, Esq. Chapter 18 COURT-APPOINTED NEUTRALS Julia M. Purchase, Esq. Chapter 19 ALCOHOL, DRUGS, AND PARENTING Hon. Carl S. McGuire III Chapter 20 QDRO DRAFTING TIPS AND TRAPS Frederick C. Ebert, J.D., CPA VOLUME 2 Chapter 21 RESERVED Chapter 22 APPELLATE ADVOCACY FOR FAMILY LAW PRACTITIONERS Anne Whalen Gill, Esq. Chapter 23 POST-DECREE ISSUES Patricia A. Cooper, Esq. Chapter 24 PRIMER ON COLLECTION LAW John H. Barrett, Esq. Chapter 25 DISSOLUTION OF MARRIAGE PROCEEDINGS AND BANKRUPTCY CASES Eric D. Wollard, Esq. TOC-2 (6/18) Table of Contents Chapter 26 TORTS IN FAMILIES Ronald W. Carlson, Esq. Courtney R. Edwards, Esq. Steven Charles O’Connor, Esq. Chapter 27 CRIMINAL LAW AND PROCEDURE ISSUES RELATED TO FAMILY LAW Abraham V Hutt, Esq. Chapter 28 RESERVED Chapter 29 RESERVED Chapter 30 IMMIGRATION ISSUES IN FAMILY LAW Kristin A. Knudson, Esq. Chapter 31 THE UNIFORM CHILD ABDUCTION PREVENTION ACT Hon. Angela R. Arkin Chapter 32 SEEKING ENFORCEMENT OF FAMILY LAW ORDERS THROUGH CONTEMPT PROCEEDINGS UNDER C.R.C.P. 107: PERILS AND POTENTIAL PITFALLS Riley W. Madden, Esq. Chapter 33 FAMILY RELATIONSHIPS C. Darin Jensen, Esq. Chapter 34 GRANDPARENTS’ RIGHTS Dianne H. Peterson, Esq. Chapter 35 DEVELOPMENTS IN NON-MARRIED PARTNER LITIGATION Kimberly R. Willoughby, Esq. Chapter 36 DIVIDING MILITARY RETIREMENT BENEFITS IN DIVORCE William L. Carew, J.D., LL.M., Law & Tax Chapter 37 PUBLIC BENEFITS ISSUES IN FAMILY LAW CASES Christina Ebner, Esq. Brett E. Landis, Esq. Chapter 38 REPRESENTING THE DIMINISHED-CAPACITY OR MENTALLY ILL CLIENT: COLO. RPC 1.14 Patrick R. Thiessen, Esq. Chapter 39 DEATH AND DIVORCE Kimberly R. Willoughby, Esq. (6/18) TOC-3 The Practitioner’s Guide to Colorado Domestic Relations Law Chapter 40 INTERSTATE FAMILY LAW JURISDICTION Hon. Angela R. Arkin (Ret.) Chapter 41 PARENTING AND THE MILITARY Carl O. Graham, J.D. Chapter 42 THE UNBUNDLED DOMESTIC RELATIONS PRACTICE Todd A. Stahly, Esq. James R. Garts III, Esq. Chapter 43 RESERVED Chapter 44 REVISITING THE TAX PERILS OF UNALLOCATED FAMILY SUPPORT Richard I. Zuber, Esq. SUBJECT INDEX TOC-4 (6/18) TABLE OF CONTENTS VOLUME 1 Chapter 1 ETHICS IN FAMILY LAW § 1.1 INTRODUCTION § 1.2 BE COMPETENT AND DILIGENT, COMMUNICATE WITH THE CLIENT, AND SERVE AS AN ADVISOR (COLO. RPC 1.1, 1.3, 1.4, AND 2.1) § 1.3 KEEP CLIENT INFORMATION CONFIDENTIAL (COLO. RPC 1.6) § 1.4 SUPERVISE NON-LAWYER ASSISTANTS (COLO. RPC 5.3) § 1.5 DO NOT ENGAGE IN CONFLICTS OF INTEREST (COLO. RPC 1.7, 1.8) § 1.6 CONFLICTS IN COLLABORATIVE OR COOPERATIVE REPRESENTATION (COLO. RPC 1.7) § 1.7 UNBUNDLED LEGAL REPRESENTATION (COLO. RPC 1.2(c)) § 1.8 PROTECT THE CLIENT’S INTERESTS WHEN THE REPRESENTATION ENDS (COLO. RPC 1.16(d)) § 1.9 UPHOLD THE DUTY OF CANDOR (COLO. RPC 3.3, 3.4) § 1.10 TREAT THIRD PARTIES FAIRLY (COLO. RPC 4.1, 4.2, 4.3, AND 4.4) § 1.11 CHARGE REASONABLE FEES AND FEES PAID BY THIRD PARTIES (COLO. RPC 1.5, 1.7, 1.8, AND 5.4) § 1.12 SECURITY INTEREST (COLO. RPC 1.8) § 1.13 CHARGING LIEN (COLO. RPC 1.5) § 1.14 SERVING AS A GUARDIAN AD LITEM, LEGAL REPRESENTATIVE FOR THE CHILD, OR CHILD AND FAMILY INVESTIGATOR (COLO. RPC 8.4) § 1.15 ETHICAL ISSUES INVOLVED IN REPRESENTING AN ADULT WITH DIMINISHED CAPACITY (COLO. RPC 1.14, 1.16) (6/18) TOC-5 The Practitioner’s Guide to Colorado Domestic Relations Law § 1.16 ETHICS IN THE AGE OF TECHNOLOGY (COLO. RPC 1.6, 1.9, 1.18, 7.1, AND 7.4) § 1.17 CONCLUSION Chapter 2 PREMARITAL AND MARITAL AGREEMENTS § 2.1 INTRODUCTION § 2.2 PRENUPTIAL AND POSTNUPTIAL AGREEMENTS PRIOR TO 1986 § 2.3 COLORADO MARITAL AGREEMENT ACT (CMAA) — 1986 TO JUNE 30, 2014 § 2.3.1—Colorado Marital Agreement Act Versus Uniform Premarital Agreement Act § 2.3.2—Statutory Formalities § 2.3.3—Effective Date § 2.3.4—Permissible Agreements Under CMAA § 2.3.5—Impermissible Agreements Under CMAA § 2.3.6—Enforcement § 2.3.7—Miscellaneous Provisions § 2.3.8—Estate and Probate Considerations § 2.3.9—Choice of Law § 2.4 UNIFORM PREMARITAL AND MARITAL AGREEMENTS ACT (UPMAA) — EFFECTIVE DATE JULY 1, 2014 § 2.4.1—Major Differences Between the CMAA and the UPMAA § 2.4.2—Scope of the UPMAA § 2.4.3—Statutory Formalities § 2.3.4—Enforcement § 2.4.5—Unenforceable Terms § 2.4.6—Miscellaneous Provisions § 2.5 CONCLUSION TOC-6 (6/18) Table of Contents Chapter 3 JURISDICTIONAL ISSUES IN THE DISSOLUTION OF MARRIAGE AND GENERAL OVERVIEW OF DISSOLUTION PROCEEDINGS § 3.1 INTRODUCTION § 3.2 SUBJECT MATTER JURISDICTION § 3.2.1—Domicile § 3.2.2—Waiting Period § 3.3 PERSONAL JURISDICTION § 3.3.1—Physical Presence in State or Voluntary Appearance § 3.3.2—Long-Arm Statute § 3.3.3—Publication § 3.4 COMMENCEMENT OF PROCEEDINGS § 3.4.1—How Commenced § 3.4.2—Venue § 3.5 PLEADINGS § 3.5.1—Petition § 3.5.2—Response/Counter-Petition § 3.5.3—Joinder of Parties § 3.5.4—Joinder of Claims § 3.6 DIVISION OF PROPERTY § 3.7 MAINTENANCE § 3.8 PARENTAL RESPONSIBILITIES AND SUPPORT OF CHILDREN § 3.9 DECREE OF DISSOLUTION OF MARRIAGE EXHIBITS Exhibit 3A—Petition for Dissolution of Marriage Exhibit 3B—Case Information Sheet Exhibit 3C—Summons Exhibit 3D—Decree of Dissolution of Marriage (6/18) TOC-7 The Practitioner’s Guide to Colorado Domestic Relations Law Chapter 4 PARENTAL RIGHTS AND RESPONSIBILITIES § 4.1 JURISDICTION IN MATTERS INVOLVING CHILDREN § 4.1.1—Types of Jurisdiction § 4.1.2—Subject Matter Jurisdiction § 4.1.3—Personal Jurisdiction § 4.1.4—Military Personnel § 4.1.5—Venue § 4.1.6—Interstate Conflicts § 4.1.7—Indian Child Welfare Act § 4.2 BEGINNING THE ACTION § 4.2.1—Uniform Dissolution of Marriage Act § 4.2.2—Children’s Code § 4.2.3—Resolution of Jurisdictional Conflicts § 4.3 CUSTODY/ALLOCATION OF PARENTAL RESPONSIBILITIES § 4.3.1—Allocation of Parental Responsibilities § 4.3.2—Historical Theories § 4.4 ALLOCATION OF DECISION-MAKING RESPONSIBILITIES § 4.4.1—Best Interests Standard § 4.4.2—Statutory Factors § 4.4.3—Juvenile Cases § 4.5 DETERMINATION OF PARENTING TIME § 4.5.1—Best Interests Standard § 4.5.2—Statutory Factors § 4.5.3—Resources § 4.5.4—Evidentiary Issues § 4.5.5—Experts § 4.5.6—Parenting Time Terms § 4.5.7—Transportation § 4.5.8—Out-of-State Parenting Time § 4.5.9—Supervised Parenting Time § 4.5.10—Therapeutic Parenting Time § 4.5.11—Denial of Parenting Time § 4.5.12—Third-Party Visitation § 4.5.13—Disputes Concerning Parenting Time TOC-8 (6/18) Table of Contents § 4.6 PARENTING PLANS § 4.6.1—Residence § 4.6.2—Decision-Making § 4.6.3—Educational Issues § 4.6.4—Religious Training and Observance § 4.6.5—Medical, Dental, and Mental Health Care § 4.6.6—Finances for the Child’s Needs § 4.6.7—Dispute Resolution § 4.6.8—Other Matters § 4.7 RESOURCES FOR CHILDREN’S ISSUES § 4.7.1—Parenting Seminars § 4.7.2—Shared Parenting Support Program© § 4.7.3—Social Services Programs § 4.8 PARENTAL RESPONSIBILITIES EVALUATORS § 4.8.1—Purpose § 4.8.2—Statutory Authority § 4.8.3—Choosing an Evaluator § 4.8.4—County Evaluations § 4.8.5—Evaluation Costs § 4.8.6—Preparation for Evaluation § 4.8.7—Evaluation Process § 4.8.8—Suggested Practices and Procedures § 4.8.9—Confidentiality § 4.8.10—Challenging the Evaluation § 4.8.11—Supplemental Evaluations § 4.8.12—Other Evaluation Reports § 4.9 EVIDENCE AND WITNESSES § 4.9.1—Physical Evidence § 4.9.2—Testimonial Evidence § 4.10 TEMPORARY ORDERS AND ORDERS IN EMERGENCY SITUATIONS § 4.10.1—Statutory Authority § 4.10.2—Automatic Temporary Injunction § 4.10.3—Temporary Parental Responsibilities Orders § 4.10.4—Effect of Temporary Orders on Permanent Orders § 4.10.5—Orders in Emergency Situations (6/18) TOC-9 The Practitioner’s Guide to Colorado Domestic Relations Law § 4.11 MODIFICATION OF THE ALLOCATION OF PARENTAL RESPONSIBILITIES § 4.11.1—Jurisdiction for Modification § 4.11.2—Modification of Temporary Orders § 4.11.3—Modification of Parenting Time § 4.11.4—Modification of Decision-Making Responsibility § 4.11.5—Removal/Relocation § 4.11.6—Modification by Juvenile Courts § 4.11.7—Modification of Foreign Orders § 4.12 CONCLUSION EXHIBITS Exhibit 4A—Form 35.4 — Pattern Interrogatories (Domestic Relations) Exhibit 4B—Section 6 — Non-Pattern Interrogatories (Child Left Alone in Client’s Care) Exhibit 4C—Section 6 — Non-Pattern Interrogatories (Drug Use and Driving Violations Under the Influence) Exhibit 4D—Motion for Court to Interview Children Pursuant to C.R.S.
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