COLORADO DOMESTIC RELATIONS LAW SECOND EDITION

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1 The Practitioner s Guide to COLORADO DOMESTIC RELATIONS LAW SECOND EDITION VOLUME ONE LINDA J. CREAGAN Managing Editor Supplemented February 2011 April 2012 Editor s Note: Judicial Forms (JDF) released through July 10, 2012, and statutory revisions in SB are included in the 2012 update. CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION DENVER BAR ASSOCIATION 2012

2 Linda Creagan, Esq. Linda Creagan, PC 1775 Sherman St., Ste Denver, CO (303) ABOUT THE MANAGING EDITOR Linda Creagan, Esq. is an attorney licensed to practice law in the State of Colorado and the State of Washington. She received a B.A. in political science and anthropology from Michigan State University and a J.D. from the University of Denver College of Law. Her practice is limited to family law and criminal defense. Ms. Creagan is a member of the Colorado and Denver Bar Associations, the CBA Family Law Section, and the Colorado Criminal Defense Bar. She is a former president of the Alliance of Professional Women, an organization that serves women and children, and focuses her volunteer efforts on families. (4/12) vii

3 Peggy J. Anderson, Esq. Law Office of Peggy J. Anderson, P.C E. Mexico Ave., Ste. 720 Denver, Colorado (303) ABOUT THE AUTHORS Chapter 4 Parental Rights and Responsibilities Peggy J. Anderson, Esq. has practiced law in Colorado since She received her law degree from the University of Nebraska College of Law, where she was a member of the law review. Ms. Anderson s practice is limited to family law. She is a member of the CBA and DBA Family Law sections. She is a past president of The Alliance of Professional Women and a current member of the Board of Directors and Executive Committee of this organization, which serves the needs of women and children, locally and internationally. Ms. Anderson has training and experience in the collaborative family law model. She also has experience in highly contested and complex cases involving children, child and family investigators, and parental evaluations. Ms. Anderson has received Martindale- Hubbell s AV rating for preeminent lawyers. Honorable Angela R. Arkin Eighteenth Judicial District Douglas County Justice Center 4000 Justice Way, Div. 4 Castle Rock, CO (303) Chapter 30 The Uniform Child Abduction Prevention Act Chapter 39 Interstate Family Law Jurisdiction The Honorable Angela R. Arkin has been a district court judge in the Eighteenth Judicial District since September She began her judicial career in August 2000 by serving two years as a district court magistrate in Arapahoe County with a domestic and juvenile docket. She is currently handling a domestic docket in Douglas County. Prior to her current assignment, Judge Arkin served as a district judge in Arapahoe County, Douglas County, Elbert County, and Lincoln County, with dockets including criminal, civil, probate, mental health, juvenile, and domestic cases. Judge Arkin is a 1983 graduate of Emory Law School and is licensed in Colorado, Georgia, and the District of Columbia. She has been a frequent lecturer and author in the areas of family law, DNA evidence, and jurisdiction. Judge Arkin was a member of the committee that drafted and helped enact Colorado s parental responsibilities statute, and was actively involved in the legislative effort to (4/12) ix

4 The Practitioner s Guide to Colorado Domestic Relations Law pass the Uniform Child Custody Jurisdiction and Enforcement Act. Judge Arkin currently chairs the Eighteenth Judicial District Continuing Judicial Education Committee, is chair of the CBA Judicial Liaison Section, is president of the Colorado District Judges Association, and has served three terms on the Colorado Access to Justice Commission, among many other professional activities. Additionally, she is an adjunct professor of law at the University of Denver Sturm College of Law and a Fellow in the American Academy of Matrimonial Lawyers. William L. Carew, J.D., LL.M., Law & Tax Attorney at Law 333 S. Cascade Ave. Colorado Springs, CO (719) Chapter 35 Dividing Military Retirement Benefits in Divorce William L. Carew, J.D., LL.M. graduated from Indiana University in 1954 and Valparaiso University School of Law in He graduated from William & Mary School of Law, graduate tax program with a master s degree in tax and law in Additionally, Mr. Carew is a graduate of the U.S. Army War College (1979) resident course, as well as the Command and General Staff College. Mr. Carew was assigned to the Army War College during 1977 to 1978 (student) and then on the faculty at the U.S. Army Judge Advocate General s School in Charlottesville, Virginia, from 1979 to His next tour was to return to the U.S. Army War College as a faculty member from 1982 to His final tour was at Fort Monroe in Virginia until his retirement as a Colonel in He was assigned to the Fourth Infantry Division in Vietnam in 1969 to 1970 as the Deputy Staff Judge Advocate, among other assignments. Mr. Carew s practice is mostly confined to tax representation, federal, state, and local, as well as consultation with attorneys concerning QDROs, PERA orders, military orders, CSRS, FERS, and civilian pension and retirement plans. Mr. Carew is a sole practitioner and was admitted to practice in Colorado in He is the owner of Retired Pay Analysis in Colorado Springs. x (4/12)

5 About the Authors Judith James Carlson, Esq. Carlson, Carlson & Dunkelman, L.L.C. P.O. Box N. Ten Mile Dr., Ste. E-15 Frisco, CO (970) Chapter 26 Torts in Families Judith James Carlson, Esq. is a senior partner in the firm of Carlson, Carlson & Dunkelman, L.L.C. of Summit and Eagle counties. Ms. Carlson is a former family and juvenile court and probate court judge in Ann Arbor, Michigan. Born in Newark, New Jersey, Ms. Carlson received both her bachelor s and J.D. degrees from Wayne State University in Detroit after studies that included the University of Michigan and Northwestern Law School. Admitted to the State Bar of Michigan in 1974 and the Colorado Bar in 1990, Ms. Carlson served as a deputy public defender and assistant attorney general and was in private practice before being elected to the bench. During her private practice, she has also been admitted to the U.S. District Courts for both the Eastern and the Western districts of Michigan, and the District of Colorado. She is admitted to appellate practice in the Sixth and Tenth Circuit Courts of Appeals. Today, Ms. Carlson concentrates her practice on family law, focusing on divorce and custody. She is a member of the Continental Divide Bar Association. She has lectured extensively on family law issues and is also a mediator. Nathan M.J. Dowell, Esq. Cox Baker & Page, LLC 858 Happy Canyon Rd., Ste. 215 Castle Rock, CO (303) (303) Chapter 2 Marital Agreements Nathan M.J. Dowell, Esq., began an association with Cox Baker & Page, LLC in 2010 after 10 years at Litvak Litvak Mehrtens and Epstein, P.C. Mr. Dowell s practice continues to focus on representing clients and mediating family law matters at the district and appellate court levels. He is a 1999 graduate of the University of Denver College of Law and received his mediation training at the Harvard Law School Program on Negotiation in Mr. Dowell has been involved in co-authoring publications and presenting at seminars concerning varying topics within the family law field since 2001, and he also volunteers time to the Autism Society of Colorado, where he sits on the Public Policy Committee. (4/12) xi

6 The Practitioner s Guide to Colorado Domestic Relations Law Paul R. Dunkelman, Esq. Carlson, Carlson & Dunkelman, L.L.C. P.O. Box N. Ten Mile Dr., Ste. E-15 Frisco, CO (970) Chapter 26 Torts in Families Paul R. Dunkelman, Esq. is a principal in the firm of Carlson, Carlson & Dunkelman, L.L.C. of Summit and Eagle counties. Mr. Dunkelman, born in Goshen, New York, was raised in New York and settled in Colorado. Mr. Dunkelman received his bachelor s degree from Colgate College and his J.D. from the University of Denver College of Law. Admitted to practice in Colorado in 1995 and in Arizona in 2000, Mr. Dunkelman served as president of the Continental Divide Bar Association from 2000 through Mr. Dunkelman is a Fellow with the Colorado Bar Foundation. He was law clerk to The Honorable Lynn M. Hufnagel and The Honorable Paul A. Markson, both in the Second Judicial District. During his private practice, he has also been admitted to the U.S. District Court for the District of Colorado. Today, Mr. Dunkelman concentrates his practice on family law, focusing on divorce and custody. He also maintains a significant criminal law and business practice. Frederick C. Ebert, J.D., CPA 4413 Upham Ct. Fort Collins, CO (720) /(970) Chapter 8 How to Avoid Being a PERA-Pathetic Advisor Chapter 20 QDRO Drafting Tips and Traps Frederick C. Ebert, J.D., CPA graduated from Pennsylvania State University and obtained his law degree from the University of Pittsburgh School of Law and his MBA in Taxation from Golden Gate University. He was previously admitted to practice law in Pennsylvania, California, and Washington. He is a member of the Colorado Bar as well as a licensed CPA for the State of Colorado. Fred provides consulting services for Colorado family law attorneys related to the discovery, valuation, and division of employer-provided retirement benefits. He provides assistance in the processing of the required dividing orders for federal, state, and local government and corporate plans, whether they are known as COAPs, DROs, or QDROs. His prior experience in drafting, qualifying, and administering qualified employee benefit plans enables him to translate the arcane jargon of this specialized area into terms understandable to attorneys and their clients. These chapters are his first attempt to reduce to writing the explanations provided in numerous phone calls from family law attorneys faced with the division of these valuable assets. xii (4/12)

7 About the Authors Christina Ebner, Esq. Ebner and Gent, LLC 500 Coffman St., Ste. 101 Longmont, CO (303) Chapter 36 Public Benefits Issues in Family Law Cases Christina Ebner, Esq. is an advocate for the elderly and disabled. Although she is a native of Boulder, her undergraduate degree is from Tulane University and her law degree is from Loyola University in New Orleans. For the past 19 years, Ms. Ebner has specialized in Social Security law and public benefits. Over the years, her clients have been awarded over $12 million in Social Security benefits. She has extensive knowledge of Social Security as well as the relationship between the various public benefits programs (Medicaid, Old Age Pension, Food Stamps, Aid to the Needy and Disabled, and Medicare) and how to determine eligibility for these programs. Over the course of her career she has worked at New Orleans Legal Services, Colorado Legal Services, and the law firm of Vincent, Romeo & Rodriguez. Currently, Ms. Ebner is a partner at Ebner & Gent in Longmont, Colorado. During her career she has won numerous awards. While working in New Orleans, the Loyola University School of Law gave her the Gillis W. Long Public Service Award for service to the poor. In 2003, the Boulder County Bar Association honored Ms. Ebner with the John Robert Marshall Pro Bono Award. Jake C. Eisenstein, Esq. Eisenstein Law, LLC 1150 W. Littleton Blvd., Ste. 200 Littleton, CO (720) Chapter 17 Expert Witnesses (2011 Supplement) Jake C. Eisenstein, Esq. received his J.D. from Tulane University School of Law in He is currently a solo practitioner in Littleton. He focuses on personal injuries, business litigation, and family law. (4/12) xiii

8 The Practitioner s Guide to Colorado Domestic Relations Law Amanda S. Eno, Esq. The Law Office of Cheryl A. Miller, P.C Greenwood Plaza Blvd., Ste. 400 Greenwood Village, CO (303) Chapter 25 Dissolution of Marriage Proceedings and Bankruptcy Cases Amanda S. Eno, Esq. received her bachelor s degree from Colorado State University and her J.D. from The University of Tulsa College of Law, where she was the executive editor of the Tulsa Law Review and where she earned the Robert C. Butler, Jr. Award for excellence in legal scholarship. Ms. Eno has also published a law review titled The Misconception of Sex in Title VII: Federal Courts Reevaluate Transsexual Employment Discrimination Claims, 43 Tulsa L. Rev. 765 (2008). Currently, Ms. Eno is an associate at The Law Office of Cheryl A. Miller, P.C. and is a member of the Colorado Bar Association, the Arapahoe County Bar Association, and the Denver Bar Association. Her practice focuses on representing clients in family law, representing consumers in Chapter 7 bankruptcies, and drafting premarital, marital, and cohabitation agreements. Steven B. Epstein, Esq. Litvak Litvak Mehrtens and Epstein, P.C Grant St., Ste. 500 Denver, CO (303) Chapter 2 Marital Agreements Steven B. Epstein, Esq. has been a shareholder of the Denver firm of Litvak Litvak Mehrtens and Epstein, P.C. since He earned his B.A. in political science and history in 1981 from Amherst College and his J.D. in 1985 from the University of Colorado School of Law. In 1985, Mr. Epstein clerked for The Honorable John L. Kane, Jr. of the U.S. District Court for the District of Colorado. He is admitted to practice in the U.S. District Court and in all courts of Colorado. He is a member of the Denver Bar Association, CBA Family Law Section (Executive Council ), and American Bar Association. He is a frequent lecturer and author on family law topics for entities including Continuing Legal Education in Colorado, Inc., the Colorado Trial Lawyers Association, and the National Business Institute. xiv (4/12)

9 About the Authors Sara A. Evanczyk, Esq. The Law Office of Sara A. Evanczyk, LLC 310 Main St., Ste. D P.O. Box 2807 Frisco, CO (970) Chapter 23 Post-Decree Issues Sara A. Evanczyk, Esq. received her undergraduate degree from Indiana University and her Juris Doctorate from the University of Colorado in After completing law school, Ms. Evanczyk became an associate with the Law Office of Stephen J. Harhai, where she practiced out of their Denver and Breckenridge offices for the next seven years before joining Richmond, Sprouse & Murphy, LLC in Frisco, Colorado, and then opening her own firm, The Law Office of Sara A. Evanczyk, LLC, in Frisco. Ms. Evanczyk dedicates her practice to estate planning, estate administration, and family law litigation and mediation services. She is a member of the Colorado Bar Association (Family Law and Trust and Estate sections), the American Bar Association (Family Law and Trust and Estates sections), and the Continental Divide Bar Association. Ms. Evanczyk is also a trained mediator and member of the Colorado Council of Mediators and Mediation Organizations as well as a certified child and family investigator. Ms. Evanczyk has lectured to attorneys, accountants, and mental health professionals on various topics within her specialties, including the Denver Bar Association, the Interdisciplinary Committee on Child Custody, the American Institute of Certified Public Accountants, the American Academy of Matrimonial Lawyers, and the Colorado Office of the Child s Representative. Melody K. Fuller, Esq. Melody K. Fuller, P.C Spruce St. Boulder, CO (303) Chapter 28 Domestic Abuse and Civil Protection Orders Melody K. Fuller, Esq. is a solo practitioner in Boulder, where she practices family law. She was formerly a partner/shareholder at Cooper, Tanis, Fuller & Cohen, P.C. in Broomfield, where she practiced family law from 2002 to She received her J.D. from the University of Colorado School of Law in 1980 and has practiced law in Colorado since then. She was the managing attorney for Boulder County Legal Services from 1986 to 2001, representing and advising clients and assisting pro bono attorneys in a wide variety of civil cases. She is known for working with special populations (4/12) xv

10 The Practitioner s Guide to Colorado Domestic Relations Law and cases, such as low-income, disabled, GLBT, domestic violence, psychological parents, and grandparents. Ms. Fuller is a former president of the Boulder County Bar Association and has served on the Colorado Bar Association Board of Governors since She is the current president of the Boulder County Bar Foundation and a vice president of the Colorado Bar Association. Suzanne Griffiths, Esq. Gutterman Griffiths PC Park Meadows Dr., Ste. 520 Littleton, CO (303) Chapter 12 Determining When Trusts Are Property for the Purpose of Equitable Division Suzanne Griffiths, Esq., vice president and CFO of Gutterman Griffiths PC, has specialized in family law for the past 30 years. Ms. Griffiths and the firm hold the highest rating in Martindale- Hubbell: AV, preeminence status. She has been featured in the Colorado Super Lawyers as a top lawyer in the field of family law each year since Ms. Griffiths graduated from the University of Cape Town with a Bachelor of Arts and a Bachelor of Law degree in 1978, and practiced in South Africa for 15 years. After being granted permanent residency in the United States, based upon her extraordinary ability in the field of family law, she relocated to Denver. Ms. Griffiths is a highly skilled and experienced litigator who feels comfortable handling complex financial and child-related cases. She has extensive experience in analyzing trusts, stock options, corporate interests, and investigation of hidden or undisclosed assets and income. Additionally, Ms. Griffiths has successfully prevailed in numerous court cases regarding relocation of children, parental rights and responsibilities, parenting time, trusts, and complex property issues. Ms. Griffiths has lectured extensively at family law conferences, Colorado Bar Association CLE seminars, American Bar Association annual conventions and meetings, and the National Business Institute. Additionally, she has given presentations at the American Academy of Matrimonial Lawyers conferences in Denver, Tampa, and Chicago. She has been involved in local and international cases and has written articles on the Hague Convention relating to International Child Abduction. Her publications include the use of the computer and technical tools in divorce cases, the analysis of trusts in divorce law, the use of alternate dispute resolution or mediation in parental responsibility cases and other articles featured in publications such as the American Bar Association Family Advocate and Fairshare, ColoradoBiz Magazine, Divorce in Denver, and more. She appeared on the Dr. Phil show several times, where she represented clients as they each faced the challenges of divorce proceedings captured on television. She is well known for her strategic ability and attention to detail. xvi (4/12)

11 About the Authors Ann Gushurst, Esq. Gutterman Griffiths PC Park Meadows Dr., Ste. 520 Littleton, CO (303) Chapter 13 Separation Agreements Ann Gushurst, Esq. has been practicing exclusively in family law for most of her law career. Her practice with Gutterman Griffiths PC in Littleton is currently a mixture of litigation, collaboration, and mediation. Ms. Gushurst has completed 40 hours of mediation training with internationally renowned CDR Associates of Boulder, has done more than 80 hours of collaborative practice training, and more than 40 hours of non-adversarial communication training. She is also responsible for the firm s research and appellate work. Ms. Gushurst is the editor of the CBA Family Law Section newsletter, is on the section s Executive Council, and is one of the three chairs of the Family Law Ethics Task Force. Previously, she was co-chair of the board of the Colorado Collaborative Law Professionals for two years. She is a member of the Colorado Bar Association, the Metropolitan Denver Interdisciplinary Committee, the Catholic Lawyers Guild, and the Academy of Collaborative Practice. She is also a voluntary board member of Maria Droste Counseling Services, a nonprofit counseling service. Ms. Gushurst has been published in The Colorado Lawyer, Colorado Business Magazine, and the Family Law Newsletter; she has also been a presenter at numerous CLE forums, including the Colorado Family Law Institute hosted by CBA-CLE. Stephen J. Harhai, Esq. Law Offices of Stephen J. Harhai 1928 E. 18th Ave. Denver, CO (303) Chapter 23 Post-Decree Issues Stephen J. Harhai, Esq. established his Denver law firm in 1976 and has concentrated exclusively on family law since then. Mr. Harhai is listed in The Best Lawyers in America, Colorado SuperLawyers, and Best Lawyers in Denver as compiled by 5280 Magazine. He is a Fellow of the American Academy of Matrimonial Lawyers and served as president of the Colorado Chapter. He has served as chair of the National Association of Counsel for Children and the CBA Family Law Section, and has served on the CBA Board of Governors and as a trustee of the Denver Bar Association. Mr. Harhai is the past editor of the website of the American Academy of Matrimonial Lawyers. He lectures regularly for lawyer groups around the country on family law and technology topics. (4/12) xvii

12 The Practitioner s Guide to Colorado Domestic Relations Law Joel R. Hayes, Jr., Esq. Boulder County Legal Services 315 W. South Boulder Rd., Ste. 205 Louisville, CO (303) Chapter 36 Public Benefits Issues in Family Law Cases Joel R. Hayes, Jr., Esq. is the managing attorney for Boulder County Legal Services, an office of Colorado Legal Services, Inc. He has worked with legal services programs in Kansas and Colorado since graduating from the University of Kansas School of Law in 1985, except for two years as a senior attorney for The Legal Center for People with Disabilities and Older People in Denver. He currently enjoys a general civil poverty practice, including Medicaid, Old Age Pension, family, housing, and consumer law. He is licensed in federal and state courts in Kansas and Colorado. Melanie L. Jordan, Esq. Gutterman Griffiths PC Park Meadows Dr., Ste. 520 Littleton, CO (303) Chapter 12 Determining When Trusts Are Property for the Purpose of Equitable Division Melanie L. Jordan, Esq. received her J.D. from the University of Colorado Law School in Ms. Jordan is currently an associate at Gutterman Griffiths PC, where she exclusively practices family law. Ms. Jordan is a member of the Colorado Bar Association, the Metropolitan Denver Interdisciplinary Committee, the Colorado Women s Bar Association, and the Denver Bar Association. She also volunteers at Project Safeguard and with Metro Volunteer Lawyers. In addition to co-authoring this chapter, which originally appeared in the June 2010 issue of The Colorado Lawyer, she has co-presented several lectures regarding the intersection of elder law and family law issues and special issues in high-asset divorce litigation. xviii (4/12)

13 About the Authors James B. Lapin, Esq. The Law Firm of Lapin & Lapin, P.C Sherman St., Ste Denver, CO (303) Chapter 24 Primer on Collection Law James B. Lapin, Esq. divides his practice between Colorado family law and civil litigation. A significant portion of his practice is collections law, and he represents a number of law firms. He has testified as an expert regarding attorney fee litigation, as well as in legal malpractice actions on behalf of plaintiffs and defendants. Mr. Lapin was admitted to practice in Colorado and the U.S. District Court for the District of Colorado in He received his J.D. from the University of Denver in 1972 and his Bachelor of Arts from the University of Colorado in Mr. Lapin was ranked as a Colorado Super Lawyer in 2008, 2009, and He was also a 5280 Top Colorado Lawyer for 2007, 2008, 2009, and Courtney J. Leathers, Esq. Litvak Litvak Mehrtens and Epstein, P.C Grant St., Ste. 500 Denver, CO (303) Chapter 7 Property: Valuation and Distribution Upon Dissolution of Marriage Courtney J. Leathers, Esq. received B.A. degrees in psychology and art history from the University of Colorado at Boulder in 2000, and her J.D. from Michigan State University College of Law in 2005, where she earned the American Jurisprudence Award in Matrimonial Practice. Currently, Ms. Leathers is an associate at Litvak Litvak Mehrtens and Epstein, P.C., and a member of the Colorado Bar Association, Denver Bar Association, and American Bar Association, and the Family Law Sections of the Colorado Bar Association and the American Bar Association. Ms. Leathers coauthored presentations for the Colorado Judicial Conference in September 2006, the CLE sponsored by the American Academy of Matrimonial Lawyers in December 2007, and the Family Law Case Law Updates from 2007 to She has been selected as a Rising Star by the Colorado Super Lawyers since (4/12) xix

14 The Practitioner s Guide to Colorado Domestic Relations Law Laura L. Lichter, Esq. Lichter & Associates, P.C Vine St. Denver, CO (303) Chapter 29 Immigration Issues in Family Law Laura L. Lichter, Esq. is national president-elect of the American Immigration Lawyers Association (AILA), an 11,000-plus bar association serving immigration lawyers and law professors in the United States. She has been an elected member of AILA s leadership for over a decade and has served as the association s top liaison to the key immigration enforcement bureaus of the Department of Homeland Security and Department of Justice, including Immigration and Customs Enforcement (ICE), which is responsible for immigration investigations, prosecution, detention, and removal operations; and the Executive Office of Immigration Review (EOIR), which oversees the nation s immigration court system. Ms. Lichter is AILA s liaison to the American Bar Association s Commission on Immigration and serves on the Federal Bar Association s Immigration Law Section Advisory Board. Ms. Lichter recently served on the Homeland Security Advisory Council s Task Force on ICE s Secure Communities, reporting findings on the ICE enforcement initiative to DHS Secretary Napolitano. She is also the former chair of AILA s Colorado Chapter. Based in Denver, Ms. Lichter is the founder and managing partner of Lichter Immigration, a nationally recognized immigration practice focusing on the representation of foreign nationals in removal proceedings, contested family and naturalization applications, administrative appeals, and related federal district and appellate court litigation. A nationally recognized immigration law expert, Ms. Lichter is a respected author who lectures throughout the United States on cutting-edge immigration issues. Her commitment to community outreach, education, pro bono representation of indigent clients, and access to counsel has been demonstrated through various awards, projects, and related initiatives. Ms. Lichter is an avid equestrian, runner, and part-time rancher. xx (4/12)

15 About the Authors Ronald D. Litvak, Esq. Litvak Litvak Mehrtens and Epstein, P.C Grant St., Ste. 500 Denver, CO (303) Chapter 7 Property: Valuation and Distribution Upon Dissolution of Marriage Ronald D. Litvak, Esq. is the managing shareholder of Litvak Litvak Mehrtens and Epstein, P.C. Mr. Litvak graduated from Northwestern University in 1979 and received his J.D. from the University of Denver College of Law in He is a member of the CBA Family Law Section, having served on the Executive Council for five two-year terms, the Colorado Bar Association, the Denver Bar Association, and the American Bar Association, and is a Fellow, and past president, of the American Academy of Matrimonial Lawyers. Mr. Litvak has been listed in The Best Lawyers of America since 1995 and has been a Colorado Super Lawyer since the inception of the Colorado selections in Michal Lord-Blegen, Esq. Wohl Stetler Lord-Blegen, PLLC 1889 York St. Denver, CO (303) Chapter 14 Mediation, Collaborative Law, and Early Neutral Evaluation/ Early Neutral Assessment Michal Lord-Blegen, Esq. is an attorney licensed to practice law in the State of Colorado. She received a B.A. in sociology and Latin American studies from Hood College in Maryland and has an M.A. in educational administration. She received her J.D. from the University of Denver College of Law. Her practice focuses on family law and is based on the belief that family law matters are best handled out of court. Ms. Lord-Blegen is a member of the Colorado, Denver, and Arapahoe County bar associations, the CBA Family Law Section, the Colorado Women s Bar Association, and the Colorado Criminal Defense Bar. She is a volunteer GAL for the Rocky Mountain Children s Law Center during temporary protection orders proceedings. (4/12) xxi

16 The Practitioner s Guide to Colorado Domestic Relations Law Laurel Anne Markus, Esq. The Law Office of Laurel Anne Markus PC 445 E. Cheyenne Mtn. Blvd. C-333 Colorado Springs, CO (719) Chapter 19 Substance Abuse and Parenting Laurel Anne Markus, Esq. received her B.A. in English from Gordon College and her J.D. from the University of Pennsylvania Law School in Ms. Markus was an investment fund tax consultant at Coopers & Lybrand LLP for two years. Subsequently, she joined the law firm of Schulte Roth & Zabel LLP, providing tax planning services to clients in the banking, real estate, and investment management industries. From 2006 to 2007, Ms. Markus served as a victim advocate for battered women at the Family Violence Prevention Center in Chapel Hill, North Carolina. She completed two years of graduate studies on domestic violence and child abuse at the School of Public Affairs, University of Colorado Denver. In September 2008, Ms. Markus had the privilege of joining Colorado Legal Services on a grant from the Department of Justice, Legal Assistance to Victims program. She is currently a family law attorney in Colorado Springs. Charles E. (Chip) Mortimer, Esq. Office of Attorney Regulation 1560 Broadway, Ste Denver, CO (303) Chapter 1 Ethics in Family Law Charles E. (Chip) Mortimer, Esq. received his undergraduate degree from Tufts University in 1983, and his J.D. from the College of William and Mary in Virginia in He was licensed to practice law in Colorado in 1986, and spent 15 years thereafter in private practice, focusing on family, commercial, and real estate litigation, before joining the Office of Attorney Regulation Counsel as Assistant Regulation Counsel in the Trial Division. He is currently Deputy Regulation Counsel. Mr. Mortimer has served on the Thursday Night Bar Board of Directors, First Judicial District Board of Trustees, and Governor Owens s Commission on Civil Justice Reform. Prior to joining the Office of Attorney Regulation Counsel, Mr. Mortimer chaired the Colorado Lawyer s Fidelity Fund and served as a Trustee on the Colorado Lawyer s Fund for Client Protection. xxii (4/12)

17 About the Authors Marie Avery Moses, Esq. Lass Moses Ramp LLC th St., Ste. 300 Denver, CO (303) Chapter 22 Appellate Advocacy for Family Law Practitioners Marie Avery Moses, Esq., a member of Lass Moses Ramp LLC, has been practicing family law and has been actively involved in the CBA Family Law Section since She is currently cochair of the Family Law Section Legislative Committee and is a past chair of the Family Law Section. Ms. Moses is a Fellow in the American Academy of Matrimonial Lawyers and is listed as a Best Lawyer in America and a SuperLawyer in the area of family law. She received her undergraduate degree from the University of Virginia and her J.D. from the University of Denver, where she was awarded the Order of St. Ives, was a member of the trial team, and was a member of the University of Denver Law Review. Ms. Moses served as law clerk to the Honorable Edwin G. Ruland of the Colorado Court of Appeals. Ms. Moses served as co-editor for The Colorado Lawyer s Family Law Column from 2002 to She has been published and has lectured on the topics of third-party visitation and appellate issues pertaining to domestic relations practitioners. Dianne H. Peterson, Esq. Dianne H. Peterson, PC 210 E. 29th St. Loveland, CO (970) Chapter 33 Grandparents Rights Dianne H. Peterson, Esq. is the sole practitioner of Dianne H. Peterson, PC in Loveland. Her practice focuses on juvenile law, guardian ad litem, adoption, and international custody disputes. Ms. Peterson also operates Partners in Resolution, Northern Colorado s premier dispute resolution firm providing all modes of alternative dispute resolution. In 1991, Ms. Peterson was admitted to practice law in Colorado and is also admitted to practice before the U.S. Supreme Court. In 1979, she received her Bachelor of Science in biology from Lewis & Clark College in Portland, Oregon. After nearly three years with the Peace Corps in Liberia, Ms. Peterson returned to earn an Associate of Arts degree in administration of nonprofit organizations. She went on to receive her J.D. from the University of Denver College of Law in Ms. Peterson was trained in mediation at the University of Denver College of Law and the Center for Dispute Resolution in 1989 and 1990, respectively. She is a past president of the Larimer County Bar Association and has served on the CBA Family Law Section Executive Council, the CBA Board of (4/12) xxiii

18 The Practitioner s Guide to Colorado Domestic Relations Law Governors, and the CBA Executive Council as a vice president for the Third District. Ms. Peterson currently serves on the CBA Access to Justice Commission. Ms. Peterson and her husband, Carl, live in Loveland with their two children, Julie and Lauren. They work in the office four days a week, devoting Friday to their children. Ms. Peterson, a Colorado native, is an outdoor sports enthusiast. Her passion for working with children is evident, as she is an avid cross country and swim mom and is a frequent speaker for Foster and Adoptive Families of Larimer County as well as the Northern Colorado Second Time Around, Grandparents Raising Grandchildren support groups. Ms. Peterson spends most of her waking hours worrying about how she ever got old enough for her youngest to be driving a car and her oldest attending college. Joe Pickard, Esq. Pickard & Associates, P.C W. San Juan Way, Ste. 200 Littleton, CO (303) Chapter 27 Criminal Issues Related to Family Law Joe Pickard, Esq. moved to Colorado from Texas in He is the oldest of 10 siblings. He graduated from Mullen High School, where he was active in speech and debate. He finished third nationally at the National Student Congress in Mr. Pickard then returned to Texas and obtained a B.B.A in management in 1977, summa cum laude, at the University of the Incarnate Word located in San Antonio. After two years selling computers and computer services, he attended law school in Boulder at the University of Colorado, receiving a J.D. degree in Mr. Pickard was married to Jan O Mary in They have one son, Jay, who is an attorney. Mr. Pickard has practiced law since He is a former assistant county attorney for Jefferson County, where he primarily represented the Human Services Department. He has been continuously engaged in private practice since April 1, Mr. Pickard has practiced in both state and federal court and has tried approximately 100 jury trials in his career. He is very excited when challenged to solve complex problems, and relishes a fair resolution. He is equally able to settle a matter out of court or to bring the matter to trial when required. Mr. Pickard received the Linda T. Palmieri Award for Outstanding Service to Children, awarded by The First Judicial District Bar Association, in He is also AV rated by Martindale-Hubbell and 10.0 Superb rated by Avvo.com. Travel and golf are Mr. Pickard s interests outside of the courtroom. xxiv (4/12)

19 About the Authors Bernard A. Poskus, Esq. Poskus Caton & Klein, P.C. 303 E. 17th Ave., Ste. 900 Denver, CO (303) Chapter 37 Representing the Diminished-Capacity or Mentally Ill Client: Colo. RPC 1.14 Bernard A. Poskus, Esq. received his bachelor s degree from the University of Notre Dame in 1974, and his Juris Doctorate from the University of Akron in He practiced law as a Legal Aid attorney with various legal services programs in Illinois and Colorado from 1978 through Since 1989, Mr. Poskus has been engaged in the private practice of law, emphasizing legal problems of the elderly and disabled. He has also written extensively on topics of interest to the elderly and disabled and is a frequent lecturer on these issues. He is licensed to practice in Colorado and is on inactive status in Illinois. He currently is practicing with the firm of Poskus Caton & Klein, P.C. in Denver. In addition to this chapter, Mr. Poskus is the co-author of Medicaid Eligibility for Long-Term Care and Supplemental Security Income Benefits in Elder Law in Colorado. Catherine Puttmann, Esq. Sherr Puttmann Akins Lamb, P.C DTC Blvd., Ste. 430 Greenwood Village, CO (303) Chapter 32 Family Relationships Catherine Puttmann, Esq. is a founding shareholder at Sherr Puttmann Akins Lamb, P.C. Ms. Puttmann received her B.A. in political science from the University of Colorado, Boulder in 1994 and her J.D. in 1997 from the University of Houston. Ms. Puttmann is an experienced litigator and negotiator. She was a criminal prosecutor from 1999 until 2005, when she moved into private practice specializing in family law. While working in criminal prosecution and with at-risk youths as a deputy district attorney in Douglas County, Ms. Puttmann learned firsthand the importance of a healthy family dynamic. Ms. Puttmann is a member of the Colorado Bar Association as well as a member of the Denver, Douglas, and Arapahoe County bar associations. (4/12) xxv

20 The Practitioner s Guide to Colorado Domestic Relations Law Sarah W. Quinlan, Esq. Fontana & Associates, P.C S. Middlefield Rd., Ste. 201 Littleton, CO (303) Chapter 9 Spousal Maintenance Chapter 10 Child Support Sarah W. Quinlan, Esq. is an associate attorney at the firm of Fontana & Associates, P.C. in Littleton, where her practice is limited to family law. She received her B.A. from Bates College and her J.D. from the University of Denver College of Law. Ms. Quinlan is a member of the Executive Council of the Family Law Section of the Colorado Bar Association and served on the board of the Metropolitan Denver Interdisciplinary Committee (MDIC). In addition, Ms. Quinlan was a co-chair of the June 2007 CLE entitled How to Handle and Try a Domestic Relations Case and a co-chair of the annual Fall Family Law Update from 2009 to Jerremy M. Ramp, Esq. Lass Moses Ramp LLC th St., Ste. 300 Denver, CO (303) Chapter 15 Case Management Part I: Commencing the Action Chapter 16 Case Management Part II: Disclosures, Discovery, Settlement, and Trial Jerremy M. Ramp, Esq. is a member of Lass Moses Ramp LLC, a firm focused on family law. He is a member of the Denver Bar Association, the Colorado Bar Association Family Law Section, and the American Bar Association. He is currently serving on the Family Law Section Legislative Policy Committee and on the CBA Board of Governors. Mr. Ramp is active with Metro Volunteer Lawyers and has served on the Governing Board since Mr. Ramp has been named as a Colorado Superlawyers Rising Star in family law. xxvi (4/12)

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