Recent Blog Posts in December 2009 |
| December 03, 2009 |
| Colorado Court of Appeals - In re the Marriage of Bisque, 31 P.2d 175 (Col. App. 2001) |
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| Antolinez Miller, LLC obtained a reversal of the Trial Court's order holding that the parties' agreement would be enforced, even though it was found to be unconscionable, because it constituted a enforceable Marital Agreement under Colorado's Marital Agreement Act. The Court of Appeals held that the agreement was not a Marital Agreement but rather a Separation Agreement because it was entered into in contemplation of divorce or separation and thus could be found to be unconscionable and otherwise set aside. |
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| December 01, 2009 |
| Colorado Court of Appeals Decision |
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| The Colorado Court of Appeals on October 15, 2009 held that because Mother participated in the proceedings in Nebraska and because the State of Nebraska had a colorable claim of jurisdiction the Colorado District Court was required to enforce the Nebraska court order under the Full Faith and Credit Clause of the United States Constitution. The Court held that a "Colorable" claim of jurisdiction was one where the sister state found that it had jurisdiction based upon a correct application of the law despite the court's clearly erroneous findings. The mistake the Mother made in this matter is that she failed to hire competent counsel from the outset. If you are involved in a custody or parenting time dispute it is imperative that you at least consult with counsel as early as possible to preserve your rights. As this Mother found out the hard way it is often much more expensive and risky to try and fix things rather then to do it right the first time around. If you are involved in a divorce or custody dispute and desire a Free Initial Consultation please call Antolinez Miller, LLC (303) 322-7749. www.AntolinezMiller.com |
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