Colorado Springs Criminal & Divorce Lawyer Blog

THE LAW FIRM OF SHAYNE & GASPER, LLC
GORDON N. SHAYNE
ATTORNEY AT LAW

The law in the State of Colorado permits either a Husband or a Wife to file a Dissolution of Marriage action. Those cases are commonly called “divorces.” The parties to a divorce will not be required to prove or allege the reasons why they want a divorce, because Colorado is a “No Fault Divorce” state.

When a divorce action is filed a petition is prepared and filed with the Clerk of the Court in the County where the parties reside. The petition must allege certain facts or elements. The Petition for Dissolution of Marriage must state that: “The marriage is irretrievably broken.” The meaning of those terms are that, one or both of the parties do not want to stay married based on differences that can not be reversed, and therefore the parties have differences that can not be healed, repaired or fixed. It only takes one spouse to say that the marriage is irretrievably broken, even if the other party disagrees and wants to stay married. This is the “No Fault” provision of the law.

It is important to keep in mind that even if your spouse has done something underhanded or behaved in a deceitful manner, most likely, that evidence will be deemed, “irrelevant” and will not be allowed by the judge. Here are some common examples of “fault” that usually will not be allowed:

1. Drug or alcohol addiction;
2. Extra marital affair, infidelity, or marital misconduct of any kind;
3. Criminal activities, arrests or convictions, such as Domestic Violence;
4. The entry of a Permanent Protection Order or Restraining Order by a judge;
5. Abandonment of the family or failure to provide support;

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By Bridgette D. Kaczmarek, Attorney at Law
The Law Firm of Shayne & Gasper, LLC.

In my seven (7) years of practice, although now specializing in Criminal Defense, I have worked in varied fields of law with a multitude of clients. While my past clients may have varied, one thing remained constant, my attitude to that client's case and my approach to opposing counsel. You see, I have one motto in my approach with opposing counsel, whether that be a district attorney or a private attorney, and that motto is, "you catch more bees with honey than you do with vinegar." This motto has served me well, both in private practice and in the government sector and has helped me secure the best deal for my client.

In Colorado Springs, this motto became patently apparent, recently, as I practiced as a district attorney for the El Paso County District Attorney's Office. An example would include when a pro se defendant would approach me regarding a plea bargain in his criminal case. Oftentimes, this pro se defendant, naturally upset about the position he would find himself, which included staring down the barrel of straight jail time for a DUI, Domestic Violence, or some other criminal issue, would let that frustration boil over. When that frustration came to a head, the defendant would take it all out on me. Once that happened, you could guess how I reacted to that frustration. Did I take pity on the defendant? Did I give him the best plea offer I could? No way Jose. I would give that defendant the worst plea bargain I could legally get away with. Why? Because attitude means everything!

The same was true in private practice. If the opposing counsel yelled, cursed and made me feel insignificant or foolish, I would rarely give him what he wanted. The same was true on the other side. If I ever became rude or angry to the opposing counsel I would rarely get what I was seeking. That is why I started, many years ago, with an attitude where I am polite, agreeable and congenial with my opposing counsel, whomever they may be.

Continue reading " A Criminal Defense "Honey" of a Deal " »

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Posted In: Criminal Defense

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