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Greenwood Village Legal Issues Blog

How do you get through a divorce?

Divorce is never an easy route to take. Seldom does a divorce occur that someone isn't experiencing emotional pain or turmoil. It is a life-changing event for all involved.

Much has been said about the effects divorce has on children, but sometimes children are more resilient than adults. Men and women can also be scarred or hardened after a divorce -- or swing to the opposite side of the pendulum. Some become overly outgoing and almost unrecognizable from the shell they were while married.

Financial infidelity, the truth about dishonesty and money

For some couples, talking about money is hard. The subject is considered uncouth and avoided. However, not talking about money can lead to a relationship breakdown. Lack of compatibility in managing finances is the second most common reason for divorce.

Secret stash statistics

A recent poll surveying adults in relationships made startling discoveries about financial infidelity. A surprising 31 percent said they thought a spouse hiding assets in the form of hidden bank accounts or credit cards was actually worse than physical infidelity. The secret account was considered a violation of trust since one partner did not know what the money was being used for.

Crime of arson in Colorado

Accidentally starting a fire is usually not considered arson unless reckless behavior is involved. But willfully setting a fire with malicious intent is considered arson, and a conviction of such will result in stiff penalties.

There are many different types of arson. Most arson cases involve damages to buildings or structures, land, boats or other types of property. When buildings are set on fire, the degree of crime is usually decided by whether the structure was occupied or unoccupied. This is because the higher the potential for injuries or death, the more serious the crime. For example, burning an abandoned shed or barn is not considered as severe a crime of arson as burning an occupied home.

Are premarital agreements good?

A premarital agreement is a tool that most people relate to the wealthy, but even for those who are not of the upper class society, one would think that a premarital agreement would make things less complicated in a future divorce settlement. However, according to one consulting group, premarital agreements can have the opposite effect if they are poorly drafted.

Because these agreements are really nothing more than a financial statement, the attorney drafting the prenuptials should have full disclosure and a good understanding of the couple's financial situation. Some things they may want to take into account include:

  • The separate assets each party wants to protect and how a decrease or increase in value might affect those items.
  • How income will be generated by the couple and possible changes in careers that might occur during the marriage.
  • If expenses will be paid jointly or separately.
  • How debts or assets incurred during a marriage would be allocated in a settlement.

What do you get for a woman who has everything? A prenup.

Prenuptial agreements—commonly known as a prenup—often make the headlines when a celebrity takes it into a direction most of us wouldn’t even think of. Take for instance, the prenup for Tony Romo and Jessica Simpson. He wanted a clause that would force Simpson to pay him $500,000 for every pound she gained over 135 pounds. That clause just might be the reason why the couple never married.

For those not in the know, a prenuptial agreement is an agreement made before the marriage that often spells out how property will be divided in the event the marriage fails.

Bitcoin investors lose money while bitcoin values rise

Investors must be very careful how they handle other people's money or investments. One investment company, The Entrepreneurs Headquarters, was recently accused of swindling $1.1 million worth of bitcoin from some 600 investors. The company and its owner, who is from Longmont, were formally charged with the crime last week.

The crime was alleged as a "fraudulent Ponzi-style scheme." Charges included misappropriation of funds and failing to register TEH with the U.S. Commodity Futures Trading Commission.

DUI charges are not to be taken lightly

We all know it is illegal to operate a vehicle while under the influence while your ability is impaired. However, sometimes a person doesn't realize how impaired they really are, and even upstanding citizens can find themselves charged with driving under the influence (DUI) or driving while ability impaired (DWAI).

It is easier for law officials to prove you are impaired once you have submitted to blood, breath or field sobriety tests. Blood and breath alcohol tests must follow clear guidelines to be considered valid, but if the appropriate steps are followed the results are considered highly accurate. For adults, if your blood alcohol concentration (BAC) is at or over .05 (but under .08) then you are considered to be DWAI. If your BAC is at or over 0.08 percent then you are considered to be DUI. If it exceeds .20 percent, the charges have stiffer penalties.

What constitutes embezzlement?

Embezzlement usually occurs in a place of employment or in large corporations. It is when a person, who is in charge of assets, such as money or property, steals or misuses the assets for his or her own personal gain.

For instance, a store clerk or bank teller is in charge of money to make change or service customers. If they take money from their cash drawer without permission or a lawful transaction, it is embezzlement. A store clerk in a grocery mart who decides to use store products without paying for them is stealing products that are entrusted to him or her.

The burning question: four defenses to arson

If you play with fire, you're bound to get burned. Being charged with arson, however, doesn't necessarily mean a criminal conviction. You may not have had malicious intent when starting the fire, and there are strong defenses that you can use to give you a fighting chance in court.

For example, you may have heard of the 150-acre fire that scorched Fort Collins in February 2017. It was later determined that the fire started from someone improperly disposing of a cigarette.

Recreational marijuana may be legal but looping is not

In Colorado, it is legal to purchase recreational marijuana, but the amount you can purchase or have in your possession at one time is one ounce. One marijuana store chain in Denver was recently busted for "looping." Looping is a process where a buyer purchases one ounce of marijuana at a time, but comes back over and over to purchase additional ounces.

A number of Sweet Leaf Marijuana stores in the Denver area have been under investigation since November 2016. The investigation started when officials were tipped off by a nearby resident of the Sweet Leaf store on West 38th Street. The resident claimed that he had noticed people parking near his house, walking to the Sweet Leaf store, purchasing marijuana products and bringing them back to their car, and then going back to buy more. This behavior was occurring on a daily basis.