Colorado Springs Criminal & Divorce Lawyer Blog

"Divorce attorneys are expensive ... I bet I could save LOTS of money if I did my own divorce ... after all, my wife and I are on friendly terms. Of course, I would have a paralegal check out the paperwork, but at a fraction of the cost."

Just writing this brings up bad memories. That was me 15 years ago ... a pretty smart guy, Project Manager for a manufacturing company, college degreed and pretty competent with documents, etc. I saved at least $3000.00 by not hiring a lawyer! So far, so good.

Three years after the divorce, two of my children graduated from high school. They had stayed with me so they could get through school. Their mother moved out of state when we were divorced. It was OK, I didn't need her to pay child support for those kids that stayed with me! The day I recieved the notice that my wages were being garnished for $16,000.00 of back child support ... well ... that got my attention. I'll never forget the three little words my ex-wife said to me when I called her to ask why I was being charged child support for the children that had resided with me the past three years. Those three words ... "READ THE PAPERS"!

You guessed it ... somehow, some way, the Final Decree showed she had the children! Of course, I wasn't worried, all I would have to do is call the court and let them know of the mistake. Funny, they said the same three words ... "Read The Paper"!

Continue reading " Pro Se Divorce: Why Bother With An Attorney? " »

Posted by Shayne & Gasper | Permalink | Email This Post

Posted In: Family Law and Domestic Relations

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By Robert R. Gray
Sr. Paralegal and Office Administrator
The Law Firm of Shayne & Gasper, LLC.

Take a look at any phone book ... there are hundreds of attorneys from which to choose! There are also a number of attorney locator sites on the web such as Attorney Find or Attorney Locate. Once you find a list of criminal defense attorneys in your area, the question becomes "How do I choose a quality defense attorney?"

There are several criteria that one might consider and these are in no particular order:

1. Experience - Some of the more obivous questions to ask are; "How long has the attorney been in practice?" "How long has the attorney been in the particular jurisdiction?" "What kinds of cases has the attorney handled?" Questions like these will give you a basic idea about the attorney and about the firm. However, a question that one might not think of asking is "How often is the attorney in court?" If the answer is less than 20 to 30 times a week, this may speak to the attorney's ultimate experience and his or her ability to understand the people and the procedures involved in the system. Frankly, this one question will speak volumes about the attorney's savoy in the courtroom and around the courthouse.

2. Price - This is always one of the defining issues, yet it may be the one thing that is of the least important. What should really be considered is the "cost" and not the "price". The difference is significant insomuch as not having an attorney may "cost" much more than paying the "price" to have quality representation. Additionally, many firms, like ours, offer payment plans that can ease the burden on defendants and their families.

3. Win-Loss Record - "What is the attorney's winning percentage?" In Criminal Defense this question is one that needs more of an answer then just numbers. On all the TV law shows, the defendant is either guilty or innocent ... and by the way, it all happens within an hour after his or her arrest! The real criminal defense system is much more lethargic, could take several months or even years to finish a case and a "win" could very well be "plea to a lessor charge" or "plea to a deferred sentence". So instead of asking the attorney about his "win-loss" record, it might be better to ask if his or her clients are generally happy with the results and if he or she gets lots of referrals!

4. Consult Fees - Some attorneys charge a "consult fee" for you to see them initially. Personally, this seems a little odd. I don't know what I'd do if I went to a car lot and the salesman approached me and said, "see that car with the tarp over it ... if you give me $150.00 I'll remove the tarp and tell you about it" ... well ... I'm afraid I want to "kick the tires" before I buy. If an attorney charges a consult fee, it may be that they are very good and just don't have time to see potential clients that aren't "serious" about hiring them. On the other hand, it may be that they need to pay their office rent!

Continue reading " Criminal Defense - An Attorney Checklist " »

Posted by Shayne & Gasper | Permalink | Email This Post

Posted In: Criminal Defense

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By Gordon N. Shayne, Senior Partner
The Law Firm of Shayne & Gasper, LLC.

Colorado Springs is home to some of the Nations proudest and top military facilities. Perhaps the most publicized facility in recent times is the "Mountain Post" at Fort Carson. This base has been serving our country since 1942 and has become one of the premier training facilities for the United States Army. Many of our troops are serving their 2nd and 3rd tours of duty in Iraq from their base here in Colorado Springs. The Law Firm of Shayne & Gasper is proud of the men and women who serve our country, and especially those stationed here at Fort Carson and Peterson Air Force Base.

Here in Colorado Springs, the unfortunate reality and "collateral damage" of serving our country bring on stresses and strains result in a high number of Domestic Relations issues, i.e., divorce and separation. In many Divorce or Legal Separation cases, one or both of the parties are employed and on either active duty or reserve duty, in the United States Army, Air Force, Marines, or Navy. Many more involve cases where one or both of the parties are retired military service members. When a military service member wishes to obtain a divorce or legal separation, there is nothing that can be filed with the military courts. Instead, when they file they must do so pursuant to Colorado law, in the filing of a petition in the District Court. Very simply, military members and ex-military members are governed by the same civil proceedings as civilians.

In my practice of law and with over 28 years experience in the area of Domestic Relations, I can truly say that some of the saddest cases I've dealt with have to do with military personnel returning from a lengthy tour only to find that their family has been destroyed by the strains of the soldier being away. There are times when a soldier returns and the experiences he or she has had in Iraq or Afghanistan or other foreign war regions are so impacting to his or her mental state that the family simply cannot deal with the returning spouse. Certainly we need to focus on the needs of those families that are faced with Post Traumatic Distress Disorders (PTSD) that present a real issue for our returning troops.

Nonetheless, we try to be sensitive to the issues that seem to cause a higher number of military divorces and in handling those cases, we strive to understand the extraordinary service that our military personnel provide our nation; both the soldiers and their families.

Posted by Shayne & Gasper | Permalink | Email This Post

Posted In: Military Divorces

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