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The Practitioner’s Guide to
COLORADO DOMESTIC
RELATIONS LAWSECOND EDITION
VOLUME 1
�
LINDA J. CREAGANManaging Editor
Supplemented• February 2011 •
• April 2012 •• April 2013 •
• Winter 2013 Special Supplement •• April 2014 •• April 2015 •
CONTINUING LEGAL EDUCATION IN COLORADO, INC.COLORADO BAR ASSOCIATION • DENVER BAR ASSOCIATION
2015
THE PRACTITIONER’S GUIDE TOCOLORADO DOMESTIC RELATIONS LAW
SECOND EDITION
Published by:
CONTINUING LEGAL EDUCATION IN COLORADO, INC.
1900 Grant Street, Suite 300
Denver, Colorado 80203
Phone: (303) 860-0608 Toll-free: (888) 860-2531
Fax: (303) 860-0624 E-mail: [email protected]
Website: www.cobarcle.org
Continuing Legal Education in Colorado, Inc. (CBA-CLE) publications are intended to provide current andaccurate information about the subject matter covered and are designed to help attorneys maintain their pro-fessional competence. Nothing contained in this book is legal advice or other professional advice. Readersare responsible for obtaining advice from their own lawyers or other professional. Publications are distrib-uted with the understanding that CBA-CLE does not render any legal, accounting, or other professional serv-ice. The contents of this book do not necessarily reflect the views of the Internal Revenue Service or anyother regulating governmental entity. The material in this book represents the opinions and views of theauthors, and should not be construed as the views of any of the authors’ law firms or of Continuing LegalEducation in Colorado, Inc. The proper interpretation or application of the material in the book is a matterfor the considered judgment of the individual legal practitioner, and CBA-CLE disclaims all liability there-for. As with any legal textbook or other secondary authority, attorneys dealing with specific legal mattersshould also fully research current, primary authorities.
Dawn M. McKnight, Esq.
Assistant Executive Director/Publications DirectorColorado Bar Association CLE
Lisa C. Travis Fischer, J.D.
Acquisitions Editor/ManagerColorado Bar Association CLE
Darlene M. Johnson
Legal EditorColorado Bar Association CLE
John and Lynn Cleveland
Subject IndexLindex
Copyright © 2010–2015 by Continuing Legal Education in Colorado, Inc. All Rights Reserved. No part of
this publication may be reproduced in any form or by any process without permission in writing from
Colorado Bar Association CLE.
COLORADO BAR ASSOCIATION CLECLE in Colorado, Inc. is the nonprofit educational arm of the
Colorado Bar Association and the Denver Bar Association
(4/15) iii
PUBLISHER’S NOTE
John F. Kennedy said, “Change is the law of life.” This is especially true in the practice of
family law, which intersects with many other areas of law and society that also undergo change. This
2015 supplement to The Practitioner’s Guide to Colorado Domestic Relations Law reflects that reali-
ty, providing substantive changes to 29 existing chapters as well as a new chapter, “Parenting and the
Military.” The supplement also includes an updated Subject Index and several new exhibits.
The 38 supplement authors have varying backgrounds and professional experience, and they
devoted many hours to this book. We are immensely grateful for their willingness to share their
expertise with practitioners throughout Colorado. Their common goal, and ours, is to provide an
exceptional resource for the practice of domestic relations law in this state. This book is supplement-
ed annually to keep it current with case law and statutory and regulatory developments. We encourage
suggestions from readers about possible chapter topics.
Linda Creagan, Esq., the project’s managing editor, was instrumental in producing this sup-
plement, as she was with planning and organizing the revised edition in 2010. We appreciate her good
humor, patience, and eye for detail throughout the process. We and domestic relations professionals
throughout Colorado owe her a debt of gratitude for her commitment of time and talent to this
Practitioner’s Guide.
Darlene M. Johnson Dawn M. McKnight, Esq.
Legal Editor Assistant Executive Director/Colorado Bar Association CLE Publications Director
Colorado Bar Association CLE
ACKNOWLEDGMENT
Production of The Practitioner’s Guide to Colorado Domestic Relations Law, Second
Edition, required the editors to Shepardize® the citations used in the book. This research was made
possible by a generous contribution from the Colorado Bar Association CLE’s technology partner,
LEXIS-NEXIS.
HOW TO CITE THIS BOOK
As the first full citation, you may cite this book as:
The Practitioner’s Guide to Colorado Domestic Relations Law, Second Ed. (Linda J. Creagan
ed., CLE in Colo., Inc., Supp. 2015).
After the first full citation, you may cite this book as:
The Practitioner’s Guide to Colorado Domestic Relations Law, supra n. ___, at ___.
COLORADO BAR ASSOCIATION CLE
Colorado Bar Association CLE (CBA-CLE) is the nonprofit educational arm of the Colorado
and Denver bar associations. We strive to produce high-quality CLE programs and legal publications at
competitive prices, with substantial member discounts. However, we are also financially independent
from the bar associations and self-supporting. We receive no membership dues or other unearned rev-
enue from the CBA or DBA. Nearly all of our income derives from program registration fees and from
sales of books, audio homestudy courses, and course manuals. Every year, hundreds of Colorado
lawyers and judges volunteer their time and expertise to help us produce these educational resources for
our members. Without this generous contribution of talent, CBA-CLE could not fulfill its mission.
CBA-CLE Board of Directors — July 2014 to June 2015
Denver Bar Association Appointments Colorado Bar Association AppointmentsJ. Marcus Painter, Chair Barbara Blumenthal
Robert A. Holmes Baird B. Brown
Kristin Rozansky E. David Griffith
Gregory James Smith Karen E. Leaffer
Richard I. Zuber Honorable Terry Ruckriegle
Eugene Zuspann, II
Patrick Flaherty
CBA-CLE Staff
Gary Abrams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Executive Director
Evan Brown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Manager of Media and Web Development
Ellen Buckley, Esq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal Editor
Lisa M. Cordova . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Program Coordinator
Mary Dilworth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Marketing Manager
Lisa C. Travis Fischer, J.D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisitions Editor/Manager
Barbara Hollingsworth, J.D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Program Attorney/Sponsors
Susan Hoyt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal Editor/Social Media
Sheyanne Hurtado . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publications Assistant/Customer Service
Darlene M. Johnson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal Editor
Lori L. Krupske . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finance Manager
Deb Marnocha . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Desktop Publisher
Dawn M. McKnight, Esq. . . . . . . . . . . . . . . . . . . . . Assistant Executive Director/Publications Director
Jo McWilliams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Order Fulfillment/Shipping
Kathryn Noble, Esq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal Editor
Heidi A. Ray, Esq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Program Attorney
Julie Lynn Revers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Program Administrator
Adrian Romero-Sosa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Technical Producer
Nena Saucerman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Media Specialist
Kenneth Sudduth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Customer Service
Terri L. Tolbert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Customer Service/Programs Assistant
iv (4/15)
FOREWORD
Those of us who practice family law must also be knowledgeable about many other areas of
law, such as real estate, bankruptcy, trusts and estates, tax, criminal law, business entities, immigra-
tion, and other disciplines. In order to be effective advocates and minimize the damage of divorce to
our clients and their families, we also need current information regarding child development, mental
health, addiction issues, and domestic violence.
The Practitioner’s Guide to Colorado Domestic Relations Law includes chapters on all of
these areas and more and is intended to be a ready reference for family law practitioners. It is not a
treatise; it is a practical overview of family law and the impact of other areas of law that intersect
family law. The Guide provides a compilation of statutes, case law, and analysis to launch the reader
into the right direction for further research in a particular area. Most chapters also include practice
pointers for use in typical situations, which may be adapted to the special circumstances of each case.
The authors and editors strive to be accurate and to provide current case law. If a case, or
issue, has been missed or misstated, I would appreciate hearing from you directly so that corrections
can be made to our next supplement. I would also like to hear from any of you who have suggestions
to improve the usefulness of this book for the benefit of your practice.
I am continually thankful for all of the authors, past and present, who have contributed to the
Practitioner’s Guide. Every year we have some authors who cannot continue, and every year many
more of you graciously step up to contribute. Thank you to all who took time from families and
clients to help provide this reference book for family lawyers.
I would also like to thank Darlene Johnson, legal editor for Colorado Bar Association CLE,
and Lisa Travis Fischer, acquisitions manager for Colorado Bar Association CLE, for producing the
best edition to date. Darlene consistently and skillfully edited and melded the writing styles of more
than 45 writers into a cohesive and readable book. Lisa tactfully negotiated the difficulties inherent in
meeting a publishing deadline while working with so many different authors. Their work and dedica-
tion to the Guide are invaluable.
Linda Creagan
Editor
(303) 860-0905
April 2015
(4/15) v
PREVIOUS CONTRIBUTORS
Thank you to all the previous contributors to this book:
vi (4/15)
Peggy J. Anderson, Esq.
Gretchen L. Aultman, Esq.
Elizabeth Moulton Brodsky, Esq.
Vikrama Chandrashekar
Carrie H. Clein, Esq.
Nancy L. Cohen, Esq.
Nathan M.J. Dowell, Esq.
Paul R. Dunkelman, Esq.
Jake Eisenstein, Esq.
Susan L. Elkins, Esq.
Amanda S. Eno, Esq.
Steven B. Epstein, Esq.
John M. Estes, Esq.
Frances C. Fontana, Esq.
Stephen J. Harhai, Esq.
David C. Hoskins, Esq.
Marcia Hughes, M.A., J.D.
William L. Hunnicutt, Esq.
David M. Johnson, Esq.
Elaine T. Johnson, Esq.
Melanie Jordan, Esq.
Laura J. Koupal, Esq.
James B. Lapin, Esq.
Pamela Robillard Mackey, Esq.
Timothy R. J. Mehrtens, Esq.
Marie A. Moses, Esq.
Philip A. Pearlman, Esq.
Joe Pickard, Esq.
Meg Golodner Quiat, Esq.
Chris Radeff, Esq.
Edwin C. Schilling III, Esq., CFPTM
Bonnie M.J. Schriner, Esq.
Natalie C. Simpson, Esq.
Robert M. Smith, Esq.
Wendy J. Smock, Esq.
Steven J. Taylor, Esq.
Jennifer E. Thomas, Esq.
Tamara K. Vincelette, Esq.
Heather A. Vogelsong, Esq.
Ellen R. Welner, Esq.
Deanna L. Westfall, Esq.
Rose Mary Zapor, M.A., J.D.
ABOUT THE MANAGING EDITOR
Linda Creagan, Esq.
Linda Creagan, PC1775 Sherman St., Ste. 1445
Denver, CO 80203
(303) 860-0905
Chapter 27 — Criminal Issues Related to Family Law
Linda Creagan 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. She is licensed to practice law
in the State of Colorado and the State of Washington. After admission to practice in Colorado,
Ms. Creagan served as a deputy district attorney in the Eighteenth Judicial District for several years.
Upon leaving the district attorney’s office, she practiced in a wide range of fields, including complex
commercial litigation, criminal defense, and family law. In 2000, she opened her firm, Linda Creagan,
P.C., which is committed to family law and criminal defense. Ms. Creagan is a member of the
Colorado and Denver bar associations, the CBA Family Law Section, the Colorado Criminal Defense
Bar, and the Colorado Women’s Bar Association. 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.
(4/15) vii
(4/15) ix
ABOUT THE AUTHORS
Honorable Angela R. Arkin
Eighteenth Judicial DistrictDouglas County Justice Center
4000 Justice Way, Div. 4
Castle Rock, CO 80109
(720) 437-6274
Chapter 30 — The Uniform Child Abduction Prevention ActChapter 39 — Interstate Family Law Jurisdiction
The Honorable Angela R. Arkin has been a district court judge in the Eighteenth Judicial
District since September 2002. Judge Arkin is a 1983 graduate of Emory Law School and is licensed
in Colorado, Georgia, and the District of Columbia. She began her judicial career in August 2000 by
serving as a district court magistrate in Arapahoe County with a domestic and juvenile docket. She is
currently handling a 100 percent domestic docket in Douglas County. Prior to her current assignment,
Judge Arkin served as a district judge in Arapahoe, Douglas, Elbert, and Lincoln counties, with mixed
dockets including criminal, civil, probate, mental health, juvenile, and domestic cases.
Judge Arkin has been a frequent lecturer and author in the areas of family law, DNA evi-
dence, and jurisdiction. She was a member of the committee that drafted and helped enact Colorado’s
parental responsibility statute and was actively involved in the legislative effort to pass the Uniform
Child Custody Jurisdiction and Enforcement Act. Judge Arkin currently is the CBA Judicial Liaison
Section Board of Governors Representative; is a co-editor, author, and reviser of the 2014 Bench BarBook on Domestic Relations; is on the 2015 Colorado Judicial Conference Planning Committee; and
is a past president of the Colorado District Judges Association, among many other professional activi-
ties. 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.
James S. Bailey, Esq.
Senn Visciano Canges P.C.1700 Lincoln St., Ste. 4500
Denver, CO 80203
(303) 298-1122
www.sennlaw.com
Chapter 17 — Expert Witnesses
James S. Bailey graduated from the University of Colorado with a degree in economics in
1988 and from the University of the Pacific, McGeorge School of Law in 1992. He was elected to
Order of the Coif and was honored as the valedictorian of his graduating class. He was voted to
receive the Outstanding Graduating Senior Award for 1992 and was the recipient of several awards
The Practitioner’s Guide to Colorado Domestic Relations Law
x (4/15)
during his years in law school. After graduation, Jim was selected to serve as a law clerk for Colorado
Supreme Court Chief Justice Luis D. Rovira.
Jim has written a number of articles on legal issues. He was editor in chief of the Pacific LawJournal; published “Allocation of Loss for Forged Checks Under Articles 3 and 4 of the Proposed
Revisions Thereto”; and co-authored “Comment SB-2638 Review of Selected California Legislation.
He was also a legislative review writer for Volume 21 of the Pacific Law Journal. He was a co-author
for the chapter “Marital Agreements” in the first edition of this publication, The Practitioner’s Guideto Colorado Domestic Relations Law.
Jim is a graduate and member of the faculty of the National Institute of Trial Advocacy, a
member of the Colorado Trial Lawyers Association, and a member of the Faculty of Federal
Advocates. He also is a member of the Legislative Committee, Family Law Section, and Trust and
Estate Section of the Colorado Bar Association.
Jim has been recognized as a Super Lawyer from 2011 to the present.
Jim’s practice concentrates on litigation, with an emphasis in family law and commercial mat-
ters. In addition, he has a substantial appellate practice.
Jim’s family includes identical triplet boys and their younger brother. Since their birth, Jim
has no free time. If he did, Jim would spend his free time enjoying the outdoors. He was an avid fly-
fisherman, mountaineer, and photographer.
John H. Barrett, Esq.
Attorney at Law1526 Spruce St., Ste. 206
Boulder, CO 80302
(303) 928-2300
www.johnbarrettlawyer.com
Chapter 24 — Primer on Collection Law
John H. Barrett has practiced law in Boulder since 1975. He received his law degree from the
University of California at Davis. John has served as co-chair of the Family Law Committee and of
the Solo/Small Practice Committee of the Boulder County Bar Association. He was the associate
judge of the municipal court for the City of Louisville from 1990 to 2001.
John is a member of the Colorado Bar Association, the Colorado Trial Lawyers Association,
the American Bar Association, and the Boulder Interdisciplinary Committee. He is also a member of
the Board of Directors of the Metropolitan Lawyers Referral Service and has previously served as
president of that organization.
Robin Lutz Beattie, Esq.
Polidori, Franklin, Monahan & Beattie, L.L.C.550 S. Wadsworth Blvd., Ste. 300
Lakewood, CO 80226
(303) 936-3300
www.pfmlaw.com
Chapter 9 — Spousal Maintenance
Robin Lutz Beattie is a partner at the law firm of Polidori, Franklin, Monahan & Beattie,
L.L.C., where she practices all aspects of family law. She has written and lectured on family law top-
ics, serves on the Executive Council for the Family Law Section of the Colorado Bar Association,
serves as the parliamentarian for the Volunteers of America Guild, serves on the Colorado Bar
Association Board of Governors, and was the president of the First Judicial District Bar Association.
Ms. Beattie attended law school at the University of Colorado School of Law. She has
published articles in the University of Colorado Law Review, “Experimenting with Death: An
Examination of Colorado’s Use of the Three-Judge Panel in Capital Sentencing,” and The ColoradoLawyer, “Postsecondary Education Expenses After Chalat: Paying College Expenses After Divorce.”
William L. Carew, J.D., LL.M., Law & Tax
Attorney at LawCol. JAGC, USA Retired333 S. Cascade Ave.
Colorado Springs, CO 80903
(719) 475-7529
Chapter 35 — Dividing Military Retirement Benefits in Divorce
William L. Carew graduated from Indiana University in 1954 and Valparaiso University
School of Law in 1956. He graduated from William & Mary School of Law, graduate tax program
with a master’s degree in tax and law in 1988.
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 1982. His next tour was to return to the U.S. Army
War College as a faculty member from 1982 to 1986. His final tour was at Fort Monroe in Virginia
until his retirement as a Colonel in 1987. He was assigned to the Fourth Infantry Division in Vietnam
in 1969 to 1970 as the Deputy Staff Judge Advocate, among other assignments.
About the Authors
(4/15) xi
The Practitioner’s Guide to Colorado Domestic Relations Law
xii (4/15)
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 1960. He is the
owner of Retired Pay Analysis in Colorado Springs.
Judith James Carlson, Esq.
Carlson & Carlson Attorneys at Law, P.C.P.O. Box 1829
975 N. Ten Mile Dr., Ste. E-15
Frisco, CO 80443
(970) 668-1678
www.ccdlawyers.com
Chapter 26 — Torts in Families
Judith James Carlson is a senior partner in the firm of Carlson & Carlson Attorneys at Law,
P.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.
Ronald W. Carlson, Esq.
Carlson & Carlson Attorneys at Law, P.C.P.O. Box 1829
975 N. Ten Mile Dr., Ste. E-15
Frisco, CO 80443
(970) 368-5829
www.ccdlawyers.com
Chapter 26 — Torts in Families
Ronald W. Carlson is a senior partner in the firm of Carlson & Carlson Attorneys at Law, P.C.
in Summit and Eagle counties, Colorado. Born in Detroit, raised in Michigan, and settled in Colorado
since 1989, Mr. Carlson graduated from Wayne State University Law School and is licensed in
About the Authors
(4/15) xiii
Colorado, Arizona, and Michigan. He is currently handling a widely varied litigation and transactional
practice primarily in family, criminal, construction, real estate, and business law.
Ron maintains an active academic interest in the law. He is a former law clerk to two justices
of the Michigan Supreme Court, former public defender, and former assistant attorney general. He has
authored a number of published articles and a book chapter, including “Rules 16 and 16.2: Reality
Check 1998” and “Election Preview: New Statutory Duties to Investigate Ineligible Voters and
Fraud?” in The Colorado Lawyer. He also is the co-author of “Trial Motions” in Michigan CivilProcedure During Trial, 2nd Ed. (Kopka, ed.). Ron has more than a dozen published decisions in state
and federal reporters. He has been an adjunct professor of business law at Regis University in Denver
and Colorado Mountain College in Breckenridge.
Ron is the part-time municipal court judge for Black Hawk, Frisco, Silverthorne, and Dillon.
He is married to his law partner, Judith, having raised three now-adult children.
Patricia A. Cooper, Esq.
Law Office of Stephen J. Harhai1928 E. 18th Ave.
Denver, CO 80206
(303) 329-8300
www.harhai.com
Chapter 23 — Post-Decree Issues
Trish Cooper is Of Counsel to the Law Office of Stephen J. Harhai. She obtained her law
degree from the University of Virginia School of Law and graduated magna cum laude from Bryn
Mawr College, with honors in psychology. She is a Fellow of the American Academy of Matrimonial
Lawyers and has been named to Best Lawyers® and Colorado Super Lawyers® in the area of family
law. Trish lectures frequently on diverse topics of interest to the family law bar and is co-coordinating
editor of family law articles for The Colorado Lawyer. Trish is the chair-elect of the Family Law
Section of the Colorado Bar Association, where she has served on the Executive Council since 2008.
Trish devotes her practice exclusively to family law, with particular emphasis on complex financial
and custody matters.
The Practitioner’s Guide to Colorado Domestic Relations Law
xiv (4/15)
Erin B. Eastvedt, Esq.
Erin B. Eastvedt, Attorney-at-Law353 Main St.
Longmont, CO 80501
(678) 357-3242
http://erineastvedt.wix.com/erin-b-eastvedt-law
Chapter 36 — Public Benefits Issues in Family Law Cases
Erin B. Eastvedt received a B.A. in political science, with a minor in environmental studies,
from Agnes Scott College and a J.D. from the University of Colorado Law School. She is licensed to
practice law in the State of Colorado and before the Ninth and Tenth Circuit courts. After admission to
the practice of law in Colorado, Ms. Eastvedt served as the Renewable Energy Project Coordinator for
the U.S. Bureau of Land Management in Reno, Nevada, before returning to Colorado to pursue the
practice of law. Since her return, she has practiced primarily in the field of Social Security disability.
In 2014, she opened her firm, Erin B. Eastvedt, Attorney-at-Law, which is committed to Social
Security disability and environmental law. Ms. Eastvedt is a member of the American and Colorado
bar associations and the CBA Solo and Small Firm Section. She focuses her volunteer efforts on
recipients of public benefits and on environmental protection.
Frederick C. Ebert, J.D., Retired CPA
4413 Upham Ct.
Fort Collins, CO 80526
(720) 432-4193/(970) 223-6889
Chapter 8 — How to Avoid Being a PERA-Pathetic AdvisorChapter 20 — QDRO Drafting Tips and Traps
Frederick C. Ebert 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 pro-
vides 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.
About the Authors
(4/15) xv
Christina Ebner, Esq.
Ebner and Gent, LLC500 Coffman St., Ste. 101
Longmont, CO 80501
(303) 544-2124
http://ebnerandgentlaw.com
Chapter 36 — Public Benefits Issues in Family Law Cases
Christina Ebner 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 22 years, Ms. Ebner has specialized in Social Security law and public benefits.
Over the years, her clients have been awarded more than $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. In July 2013, Ms. Ebner received the distinguished Pro Bono Service Award from the
Legal Services Corporation.
Sara A. Evanczyk, Esq.
The Law Office of Sara A. Evanczyk, LLC310 Main St., Ste. D
P.O. Box 2807
Frisco, CO 80443
(970) 668-0912
www.saefamilylaw.com
Chapter 23 — Post-Decree Issues
Sara A. Evanczyk received her undergraduate degree from Indiana University and her Juris
Doctorate from the University of Colorado in 2001. After completing law school, Ms. Evanczyk
became an associate with the Law Office of Stephen J. Harhai, where she practiced out of their
The Practitioner’s Guide to Colorado Domestic Relations Law
xvi (4/15)
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. Ms. Evanczyk is a member of the Colorado Bar Association (Family
Law and Trust and Estate sections), the Continental Divide Bar Association, the Association for
Conflict Resolution, the Mediation Association of Colorado, Women’s Estate Planning Council, the
Summit Independent Business Alliance, and Women of the Summit.
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.
Jennifer G. Feingold, Esq.
Feingold Horton, PLLC6161 S. Syracuse Way, Ste. 260
Greenwood Village, CO 80111
(303) 292-0788
www.feingoldhorton.com
Chapter 4 — Parental Rights and Responsibilities
Jennifer G. Feingold is a shareholder at Feingold Horton, PLLC. Ms. Feingold’s practice is
limited to family law and focuses on assisting clients with legal issues related to dissolution of
marriage, allocation of parental responsibilities, child support, maintenance, domestic violence,
post-decree matters, jurisdictional disputes, and appeals, as well as providing mediation services.
Ms. Feingold currently serves as treasurer for the Executive Council for the Family Law Section of
the Colorado Bar Association on both the Budget Committee and the CLE Committee, and as past
president of the Colorado Chapter of the Association of Family and Conciliation Courts (COAFCC).
Ms. Feingold has co-authored several articles for The Colorado Lawyer, and has presented on
current family law topics. She was recognized as a “Rising Star” in the 2010, 2011, and 2012
SuperLawyers edition and in the 2013 Best Lawyers of America. In addition, Ms. Feingold serves as a
founding member of the GIVe Chapter for Children’s Hospital, which provides volunteer support and
information for families and patients of the Digestive Health Department at Children’s Hospital, as
well as on the planning committee for the Parkinson’s Association of the Rockies annual Vitality
Walk.
About the Authors
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Melody K. Fuller, Esq.
Melody K. Fuller, P.C.1526 Spruce St.
Boulder, CO 80302
(303) 928-2348
Chapter 28 — Domestic Abuse and Civil Protection Orders
Melody K. Fuller 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 prac-
ticed family law from 2002 to 2010. 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 and
cases, such as low-income, disabled, domestic violence, psychological parents, and grandparents.
Ms. Fuller is a former president of the Boulder County Bar Association and served on the Colorado
Bar Association Board of Governors from 2007 to 2012. She is a former president of the Boulder
County Bar Foundation and has also served on the board of the Boulder IDC.
Anne Whalen Gill, Esq.
Cox Baker & Page, LLC858 Happy Canyon Rd., Ste. 215
Castle Rock, CO 80108
(303) 688-8588
http://coxbakerpage.com
Chapter 22 — Appellate Advocacy for Family Law Practitioners
Anne Gill was recognized as a top appellate lawyer in 2015 in 5280 Magazine. She founded
Anne Whalen Gill, LLC as a solo practice specializing in appellate litigation and joined Cox Baker &
Page, LLC in December 2012. Anne focuses her practice on appeals. She is the author of the leading
treatise on Colorado appellate practice, Colorado Appellate Law and Practice (2d Ed.) in West’s
Colorado Practice Series. Anne acquired her extensive grasp of appellate practice during the years she
was a staff attorney at the Colorado Court of Appeals. She has successfully handled appeals in a broad
range of areas, including family law, land use, zoning, interpretation of deeds, easements, contracts
and business disputes, and probate.
Anne earned her J.D. at New York Law School. She is admitted to the bars of Colorado,
New York, the U.S. District Court of Colorado, the Tenth Circuit Court of Appeals, and the U.S.
Supreme Court.
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Carl O. Graham, J.D.
Black & Graham, LLC128 S. Tejon St., Ste. 410
Colorado Springs, CO 80903
(719) 328-1616
www.blackgraham.com
Chapter 35 — Dividing Military Retirement Benefits in DivorceChapter 40 — Parenting and the Military
Carl O. Graham is a member of the Colorado Springs law firm of Black & Graham, LLC,
managing its family law practice. He received his B.Sc. in Politics & International Studies from the
University of Southampton in the United Kingdom in 1988, and his J.D. from the UCLA School of
Law in 1991. Originally a California attorney, Carl was in the Army’s Judge Advocate General’s
Corps from 1992 to 2000, whereupon he entered private practice in Colorado Springs. He is an active
member of the El Paso County Bar Association (membership chair 2006-2008, trustee 2008-2010, and
treasurer 2010-2012), the El Paso County Family Law Section (chair 2006-2008), the CBA Family
Law Section (Executive Council 2008-2010), and the Ben Wendelken American Inn of Court
(Executive Committee 2005-2009). Carl has given numerous family law presentations to Colorado
attorneys, including several Family Law Institutes and CBA-CLE seminars. He created two online
guides to help attorneys and laypersons: Colorado Divorce & Family Law Guide (www.colorado-
family-law.com) and Military Divorce Guide (www.military-divorce-guide.com), and wrote “An
Introduction to Family Law and the Military” for the October 2008 issue of The Colorado Lawyer.
Suzanne Griffiths, Esq.
Gutterman Griffiths PC10375 Park Meadows Dr., Ste. 520
Littleton, CO 80124
(303) 858-8090
www.ggfamilylaw.com
Chapter 12 — Determining When Trusts Are Property for the Purpose of Equitable Division
Suzanne Griffiths, managing shareholder and CFO of Gutterman Griffiths PC, has specialized
in family law for the past 33 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 2006.
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 per-
manent residency in the United States, based upon her extraordinary ability in the field of family law,
she relocated to Denver.
About the Authors
(4/15) xix
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 internation-
al 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, attorney fees, 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.
Ann Gushurst, Esq.
Gutterman Griffiths PC10375 Park Meadows Dr., Ste. 520
Littleton, CO 80124
(303) 858-8090
www.ggfamilylaw.com
Chapter 13 — Separation Agreements
Ann Gushurst 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. Aside
from membership in multiple bar associations and associated committees, she regularly teaches cours-
es for the Colorado Bar Association, the Metropolitan Denver Interdisciplinary Committee, the AFCC,
and the CCLP. She is also a voluntary board member of Maria Droste Counseling Services, a nonprof-
it counseling service. Ms. Gushurst has been published in The Colorado Lawyer, Colorado BusinessMagazine, and the Family Law Newsletter.
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Joel R. Hayes, Jr., Esq.
Boulder County Legal Services315 W. South Boulder Rd., Ste. 205
Louisville, CO 80027
(303) 449-5562
www.coloradolegalservices.org
Chapter 36 — Public Benefits Issues in Family Law Cases
Joel R. Hayes, Jr. 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 sen-
ior attorney for The Legal Center for People with Disabilities and Older People in Denver. He current-
ly 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 (inactive) and Colorado.
Robert E. Lanham, Esq.
Robert E. Lanham, P.C.1526 Spruce St., Ste. 209
Boulder, CO 80302
(303) 928-2323
www.lanhamlaw.com
Chapter 2 — Premarital and Marital Agreements
Bob Lanham has been practicing law for 25 years, the last 20 exclusively in the field of fami-
ly law. His practice emphasizes high-income and high-asset divorces, those with complex financial
issues, and family law appellate cases. He is the past and 2014-15 co-chair of the Boulder County Bar
Association Family Law Section and is a trustee for the Boulder County Bar Foundation. A long-time
Colorado resident, he received his J.D., as well as a B.A. and M.A., from the University of Colorado.
About the Authors
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Courtney J. Leathers, Esq.
Litvak Litvak Mehrtens and Carlton, P.C.1900 Grant St., Ste. 500
Denver, CO 80203
(303) 837-0757
www.familyatty.com
Chapter 7 — Property: Valuation and Distribution Upon Dissolution of Marriage
Courtney J. Leathers received her J.D. from Michigan State University College of Law in
2005, where she earned the American Jurisprudence Award in Matrimonial Practice. Ms. Leathers
has been named a “Rising Star” by Colorado SuperLawyers since 2009. Currently, she is an associate
at Litvak Litvak Mehrtens and Carlton, P.C. She is the vice-president of the Metro Denver
Interdisciplinary Committee, serving on the board for her third year; a member of the Colorado Bar
Association, Denver Bar Association, and American Bar Association, and Family Law sections of the
Colorado Bar Association and the American Bar Association.
Laura L. Lichter, Esq.
Lichter Immigration1601 Vine St.
Denver, CO 80206
(303) 554-8400
www.lichterimmigration.com
Chapter 29 — Immigration Issues in Family Law
Laura L. Lichter is the founder and managing partner of Lichter Immigration, a Denver-based
law firm, where she focuses on complex removal defense, contested family and naturalization applica-
tions, administrative appeals, and federal immigration litigation. Ms. Lichter is a national past presi-
dent of the American Immigration Lawyers Association (AILA) nationally, and a former chair of the
AILA Colorado Chapter. She has been an elected member of AILA’s national leadership for over a
decade and has directed numerous government liaison and outreach programs. Ms. Lichter lectures
frequently throughout the United States on all matters related to immigration law and policy. She has
spearheaded numerous local projects, initiatives, and pro bono efforts in Denver and beyond the Front
Range area, including working with local domestic violence service providers, consular offices, and
faith-based outreach and education projects.
A native of Honolulu, Ms. Lichter graduated cum laude from Swarthmore College and took
her J.D. at the University of Colorado School of Law. She is an avid equestrian, runner, outdoor-
swoman, dog lover, and part-time gentlewoman farmer.
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Ronald D. Litvak, Esq.
Litvak Litvak Mehrtens and Carlton, P.C.1900 Grant St., Ste. 500
Denver, CO 80203
(303) 837-0757
www.familyatty.com
Chapter 7 — Property: Valuation and Distribution Upon Dissolution of Marriage
Ronald D. Litvak is the managing shareholder of Litvak Litvak Mehrtens and Carlton, P.C.
Mr. Litvak graduated from Northwestern University in 1979 and received his J.D. from the University
of Denver College of Law in 1986. He is a member of the CBA Family Law Section, having served
on the Executive Council for five two-year terms; a member of the Colorado Bar Association, the
Denver Bar Association, and the American Bar Association; and a Fellow, and past president, of the
Colorado chapter of the American Academy of Matrimonial Lawyers. Mr. Litvak has been listed in
The Best Lawyers in America since 1995. Since its inception in 2006, Mr. Litvak has been a Colorado
SuperLawyer. 5280 Magazine lists Mr. Litvak as a Top Lawyer in its inaugural ratings in 2015.
Michal Lord-Blegen, Esq.
Wohl Stetler Lord-Blegen, PLLC1889 York St.
Denver, CO 80206
(303) 333-4106
www.wslbfamilylaw.com
Chapter 14 — Mediation, Collaborative Law, and Early Neutral Evaluation/Early Neutral Assessment
Michal Lord-Blegen 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 Sturm
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 and Denver bar associa-
tions, the CBA Family Law Section, and the Colorado Women’s Bar Association. She is a volunteer
GAL for the Rocky Mountain Children’s Law Center during temporary protection orders proceedings.
About the Authors
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Riley W. Madden, Esq.
Senn Visciano Canges P.C.1700 Lincoln St., Ste. 4500
Denver, CO 80203
(303) 298-1122
www.sennlaw.com
Chapter 31 — Seeking Enforcement of Family Law Orders Through Contempt Proceedings Under C.R.C.P. 107: Perils and Pitfalls
Riley Madden graduated from Drake University with a Bachelor of Arts in Political Science
in 2000. He received his J.D. from the University of Denver Sturm College of Law in 2004. He was
admitted to the Colorado bar in October 2004. He is a member of the Colorado and Denver bar asso-
ciations and is active in the Family Law Section and Young Lawyers Division. Riley is a member of
the Faculty of Federal Advocates and is a graduate of the National Institute of Trial Advocacy.
Riley serves as a board member for the Central Visitation Program. CVP is a nonprofit organ-
ization dedicated to providing a safe, supervised, and comfortable setting for court-ordered visits
between children and parents of low-income families involved in high-conflict divorce, custody,
and/or restraining order proceedings.
Riley was the revisor/author of the “Attorney’s Fees” chapter in the 2006 Domestic RelationsLaw & Orders Bench Book.
In his spare time, Riley enjoys cycling, running, fly-fishing, skiing, traveling, and reading.
Laurel Anne Markus, Esq.
Laurel Anne Markus PC422 E. Vermijo Ave., Ste. 303
Colorado Springs, CO 80903
(719) 649-1809
www.familylaw719.com
Chapter 19 — Substance Abuse and Parenting
Laurel Anne Markus received her B.A. in English from Gordon College and her J.D. from the
University of Pennsylvania Law School in 1996. Ms. Markus was an investment fund tax consultant
at Coopers & Lybrand LLP and subsequently joined the law firm of Schulte Roth & Zabel LLP in
New York City. In 2006, Ms. Markus began volunteering as a victim advocate for battered women at
the Family Violence Prevention Center. In 2008, she earned a graduate certificate in domestic violence
studies from the School of Public Affairs, University of Colorado Denver and began representing fam-
ilies affected by violence as a Legal Aid to Victims attorney at Colorado Legal Services. Ms. Markus
currently serves as a guardian ad litem for children through the Office of the Child’s Representative.
Courtney Radtke McConomy, Esq.
Sherr Puttmann Akins Lamb P.C.5299 DTC Blvd., Ste. 430
Greenwood Village, CO 80111
(303) 741-5300
www.spalfamilylaw.com
Chapter 32 — Family Relationships
Courtney Radtke McConomy received her J.D. from the University of Denver Sturm College
of Law in 2010. Courtney is an attorney at Sherr Puttmann Akins Lamb P.C. During law school,
Courtney worked for the Hon. Kerry S. Hada in the City and County of Denver’s Juvenile Court and
the Hon. Angela Arkin in Douglas County’s Domestic Court. Courtney has dedicated her professional
career to family law. She serves as the secretary of the Metropolitan Denver Interdisciplinary
Committee, the membership co-chair and pupilage liaison of the Minoru Yasui Inn of Court, and the
membership co-chair for the Arapahoe County Bar Association, and is a member of the Family Law
Section of the Colorado Bar Association. Courtney was given the distinction of Rising Star in the
2015 publication of SuperLawyers magazine.
Charles E. (Chip) Mortimer, Esq.
Office of Attorney Regulation1300 Broadway, Ste. 500
Denver, CO 80203
(303) 928-7763
Chapter 1 — Ethics in Family Law
Charles E. (Chip) Mortimer received his undergraduate degree from Tufts University in 1983,
and his J.D. from the College of William and Mary in Virginia in 1986. He was licensed to practice
law in Colorado in 1986, and spent 15 years thereafter in private practice, focusing on family, com-
mercial, 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.
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About the Authors
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Tiffany J. Nelson, CPA/ABV, CVA
Karsh Consulting, P.C.650 S. Cherry St., Ste. 500
Denver, CO 80246
(303) 825-1000
www.karshcpa.com
Chapter 11 — Divorce Taxation
Tiffany J. Nelson is a partner at Karsh Consulting, P.C., a firm specializing in business valua-
tion and litigation support services. Tiffany has been a certified public accountant since 1999. In 2001,
she received her certificate as a certified valuation analyst. In 2006, Tiffany received her certificate as
Accredited in Business Valuation. Tiffany has worked at Karsh Consulting, P.C. for more than 15
years and has assisted in the preparation of many business valuations. She has experience with multi-
ple issues related to complex divorce work. Tiffany is a member of the Colorado Society of Certified
Public Accountants (CSCPA), American Institute of Certified Public Accountants (AICPA), National
Association of Certified Valuators and Analysts (NACVA), and Front Range Business Valuation Study
Group. Tiffany is currently serving as secretary for the Colorado/Wyoming Chapter of the National
Association of Certified Valuators and Analysts. Tiffany has given professional presentations related
to business valuation and retirement plans and has been qualified as an expert witness in many
Colorado district courts.
Sandra J. Nettleton, Esq.
Carlson & Carlson Attorneys at Law, P.C.P.O. Box 1829
975 N. Ten Mile Dr., #E-15
Frisco, CO 80443
(970) 668-1678
www.ccdlawyers.com
Chapter 26 — Torts in Families
Sandra J. Nettleton is an associate attorney at Carlson & Carlson Attorneys at Law, P.C.,
located in Frisco and serving the mountain counties of Summit, Eagle, Lake, and Park. Ms. Nettleton
received a B.A. in mathematics and was elected to Phi Beta Kappa from the University of Colorado in
Boulder. She received her J.D. from the University of Colorado School of Law. Ms. Nettleton has
experience with all areas of family law, including divorce, custody, and adoptions, and also brings
experience in other areas of law that frequently cross over and complicate divorce matters, including
bankruptcy, real estate, and civil litigation.
Ms. Nettleton became an attorney after a long and successful career as an engineer/analyst in
the aerospace industry. She spent four years as an officer in the U.S. Air Force, serving at Space
Division, before working for Department of Defense contractors. Ms. Nettleton is involved in the
Colorado Bar Association, the American Bankruptcy Institute, and the Society of Women Engineers.
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Gay Niermann, Esq.
5941 S. Middlefield Rd., Ste. 201
Littleton, CO 80123
(303) 305-3905
Chapter 18 — Court-Appointed Neutrals
Gay Niermann has practiced law in Colorado since 1997. She received her undergraduate
degree from Elmhurst College and her law degree from the University of Colorado. Her practice has
been limited to family law, and for more than 25 years has emphasized representation of children,
including work as a child and family investigator, guardian ad litem, special advocate, child’s legal
representative, and decision-maker. She is a member of the Colorado, Denver, and Arapahoe County
bar associations, as well as the Metropolitan Denver Interdisciplinary Committee and the Association
of Family and Conciliation Courts.
Gay has contributed to numerous legal publications, including Advocates for Children, pub-
lished by Colorado Bar Association CLE, and the bench-bar book, and speaks regularly on child-relat-
ed legal matters.
Dianne H. Peterson, Esq.
Dianne H. Peterson, PC210 E. 29th St.
Loveland, CO 80538
(970) 667-5900
Chapter 33 — Grandparents’ Rights
Dianne H. Peterson is the sole practitioner of Dianne H. Peterson, PC in Loveland, Colorado,
since 1991. Her legal practice focuses on representing juveniles or protected persons (guardian adlitem, CFI, CLR), adoption, and elder law (simple estate planning/Medicaid planning). Dianne is an
approved court-appointed neutral through the State of Colorado’s Office of the Child’s Representative
as well as the State Court Administrator’s Office. Dianne also operates Partners in Resolution, a
Northern Colorado dispute resolution firm providing all modes of alternative dispute resolution since
1989. Ms. Peterson also serves as an adjunct instructor for Colorado State University’s Graduate
School of Social Work Conflict Resolution and Mediation Graduate Certificate Program.
In 1991, Ms. Peterson was admitted to practice law in Colorado and is also admitted to prac-
tice 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 1990. 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
About the Authors
(4/15) xxvii
Association and has served on the CBA Family Law Section Executive Council, the CBA Board of
Governors, and the CBA Executive Council as a vice president for the Third District. In 2015,
Ms. Peterson received a “Lifetime Achievement Award” from the Colorado Office of the Child’s
Representative for her more than 20 years of service to Colorado’s children through legal advocacy
and education.
Ms. Peterson and her husband, Carl, live in Loveland. They have two grown children, Julie
and Lauren. Ms. Peterson, a Colorado native, is an outdoor sports enthusiast. Her passion for working
with children and protected persons is evident as she is a frequent speaker for Foster and Adoptive
Families of Larimer County, the Northern Colorado “Second Time Around, Grandparents Raising
Grandchildren” support groups, and the Larimer County Office on Aging and Colorado Bar
Association’s Senior Law Day.
Bernard A. Poskus, Esq.
Poskus Caton & Klein, P.C.303 E. 17th Ave., Ste. 900
Denver, CO 80203
(303) 832-1600
www.poskuscatonklein.com
Chapter 37 — Representing the Diminished-Capacity or Mentally Ill Client: Colo. RPC 1.14
Bernard A. Poskus received his bachelor’s degree from the University of Notre Dame in
1974, and his Juris Doctorate from the University of Akron in 1978. He practiced law as a Legal Aid
attorney with various legal services programs in Illinois and Colorado from 1978 through 1989. 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.
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Catherine Puttmann, Esq.
Sherr Puttmann Akins Lamb, P.C.5299 DTC Blvd., Ste. 430
Greenwood Village, CO 80111
(303) 741-5300
www.spalfamilylaw.com
Chapter 32 — Family Relationships
Catherine Puttmann 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. Ms. Puttmann is a member of the Colorado Bar Association as
well as a member of the Denver, Douglas, and Arapahoe County bar associations.
Sarah W. Quinlan, Esq.
Littleton, CO
Chapter 10 — Child Support
Sarah W. Quinlan received her B.A. from Bates College and her J.D. from the University of
Denver College of Law. Ms. Quinlan has served on the Executive Council of the Family Law Section
of the Colorado Bar Association and is the past president of the board of the Colorado Chapter of the
Association of Family & Conciliation Courts (COAFCC). 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 2012.
Jerremy M. Ramp, Esq.
Lass Moses & Ramp LLC1441 18th St., Ste. 300
Denver, CO 80202
(303) 296-9412
www.lmr-law.com
Chapter 15 — Case Management Part I: Commencing the ActionChapter 16 — Case Management Part II: Disclosures, Discovery,
Settlement, and Trial
Jerremy M. Ramp is a member of Lass Moses & Ramp LLC, a firm focused on family law.
He is a member of the Arapahoe and Denver bar associations, the Colorado Bar Association Family
Law Section, and the American Bar Association. He is currently serving on the Family Law Section
About the Authors
(4/15) xxix
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 2007. Mr. Ramp has been named as
a Colorado Superlawyer, 5280 Top Lawyers, and to Best Lawyers in America in family law.
Ben Stetler, Esq.
Wohl Stetler Lord-Blegen, PLLC1889 York St.
Denver, CO 80206
(303) 333-4106
www.wslbfamilylaw.com
Chapter 14 — Mediation, Collaborative Law, and Early Neutral Evaluation/Early Neutral Assessment
Ben Stetler is dedicated to resolving disputes using mediation. Ben currently works as both a
private mediator and a contract mediator with the Colorado Office of Dispute Resolution. Ben
believes that a negotiation-centered process allows parties to more productively and openly discuss
their needs and concerns.
Brenda L. Storey, Esq.
The Law Offices of Brenda L. Storey, P.C.4582 S. Ulster Street Pkwy., Ste. 1602
Denver, CO 80237
(720) 583-2325
www.storeylawoffices.com
Chapter 3 — Jurisdictional Issues in the Dissolution of Marriage and General Overview of Dissolution Proceedings
Brenda L. Storey has been practicing family law for more than 20 years. She is a past chair of
the Family Law Section of the Colorado Bar Association, and has been selected to The Best Lawyers
in America, chosen as a Colorado Super Lawyer by Law & Politics and 5280 Magazine, and named a
Top Lawyer by Denver Magazine. She was just selected by American Registry as Top Female
Executive in Law for 2015. The National Association of Distinguished Counsel identified and hon-
ored Ms. Storey as part of the nation’s top one percent of practicing attorneys in the United States.
Brenda has authored many articles and chapters for treatises, including Colorado Family Law &Practice, original two-volume set (West Publishing) (Volumes 19 and 20 of the Colorado Practice
Series), and Dissolution of Marriage, Legal Separation, Declaration of Invalidity and Child Custody(West Publishing) (Colorado Methods of Practice). Ms. Storey chaired the 2011 Family Law Institute,
“Say You Want a Revolution,” and kick-off with headliner Alec Baldwin. She has chaired the Family
Law Basic Skills seminar since 2009. Ms. Storey is a Fellow of the Colorado Bar Foundation and is a
Colorado State Senate Tribute recipient.
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James R. TenBrook, CPA/ABV, PFS, CVA, CFF
Karsh Consulting, P.C.650 S. Cherry St., Ste. 500
Denver, CO 80246
(303) 825-1000
www.karshcpa.com
Chapter 11 — Divorce Taxation
James R. TenBrook, partner and past president of Karsh Consulting, P.C., focuses his practice
on litigation support, personal financial planning, and taxation. He has been a certified public account-
ant since 1973, received his personal financial specialist certification (PFS) in 1994, and is a certified
valuation analyst (CVA) and accredited in business valuation (ABV). He is certified in financial foren-
sics (CFF) and has given a wide range of professional presentations relating to business evaluation,
taxation, and accounting.
Patrick R. Thiessen, Esq.
Poskus, Caton & Klein, P.C.303 E. 17th Ave., Ste. 900
Denver, CO 80203
(303) 832-1600
www.poskuscatonklein.com
Chapter 37 — Representing the Diminished-Capacity or Mentally Ill Client: Colo. RPC 1.14
Patrick R. Thiessen is an associate at Poskus, Caton & Klein, P.C. and practices in the areas
of estate litigation, estate planning, disability planning, public benefits, probate, wills and trust,
guardianships, and protective proceedings. Mr. Thiessen is currently licensed to practice in the state of
Colorado.
Mr. Thiessen is a member of the Trust and Estate and Elder Law sections of the Colorado Bar
Association and participates in several subcommittees. He also serves as the Elder Law Section liai-
son to the Trust and Estate Section and is on the Executive Council of the Young Lawyers Division of
the Denver Bar Association. He has published articles in the Marquette Elder’s Advisor and TheColorado Lawyer.
Mr. Thiessen graduated from The George Washington University with a B.A. in international
affairs and received his J.D. from the University of Colorado School of Law. Following graduation,
Mr. Thiessen clerked for the Honorable Jerry N. Jones and the Honorable Dennis A. Graham of the
Colorado Court of Appeals.
About the Authors
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Robert B. Wareham, Esq.
The Law Center P.C.300 W. Plaza Dr., Ste. 200
Highlands Ranch, CO 80129
(303) 991-5201
www.thelawcenterpc.com
Chapter 21 — The Role of the Magistrate and Appeals from Magistrate Decisions
Chapter 28 — Domestic Abuse and Civil Protection Orders
Robert B. Wareham is the president of The Law Center P.C., with offices in Highlands Ranch
and Aurora, Colorado, and Goodland, Kansas. His practice emphasizes family law litigation. He also
practices in the areas of election law, campaign finance, firearms law, and nonprofit corporations.
Associated lawyers in the firm also handle criminal justice, bankruptcy, and estate planning matters.
Mr. Wareham received his law degree from University of the Pacific – McGeorge School of Law in
Sacramento, California, where he was the recipient of the American Jurisprudence Award for Legal
Writing and Research. He is an active member of the Colorado Bar Association, the Douglas-Elbert
Bar Association, and the Arapahoe County Bar Association. He is active in the CBA Family Law
Section, and he has been a presenter at the annual CBA Family Law Bench/Bar Institute on the topics
of magistrate review in Title 14 cases, attorney liens, and the Uniform Child Abduction Prevention
Act. Mr. Wareham is a past chair of the CBA Solo/Small Firm Section and founding president of the
Colorado Republican Bar Association. He is also an acknowledged expert on telecommunication net-
works and emerging technologies and has lectured on those topics as well. He is past co-chair of the
Arapahoe County Bar Technology Committee.
A licensed amateur radio operator (call sign NØESQ), Mr. Wareham volunteers his time as
general counsel for several amateur radio disaster response organizations and clubs in Colorado. In
2010, he was named emergency coordinator for the Colorado Office of Emergency Management’s
Auxiliary Emergency Communications Unit, a volunteer group that handles all radio communications
for the State Emergency Operations Center in Centennial, Colorado during declared emergencies and
special events. In 2011, he was appointed section emergency coordinator for the Colorado Section of
the Amateur Radio Emergency Service™, in which capacity he leads more than 800 volunteers
statewide in disaster response activities. In addition to these duties, he serves as state government liai-
son for the Colorado Section of the American Radio Relay League (ARRL), monitoring legislation
impacting amateur radio operators in Colorado. In 2009, he testified before the Transportation
Committee of the Colorado House of Representatives and was successful in having an exception for
amateur radio operators added to the Misuse of a Wireless Telephone statute enacted that year. In
2015, he was successful in authoring and promoting a bill requiring state and local governments to
make reasonable accommodation of amateur radio stations and antennas. That bill, SB 15-041, passed
unanimously in both houses of the General Assembly and was signed by the governor.
A proponent of Second Amendment rights, Mr. Wareham has also testified as an expert wit-
ness before both the Senate and House Judiciary Committees of the Colorado General Assembly on
firearms legislation. Mr. Wareham is admitted to practice law in California (inactive) as well as in
Colorado, and before the U.S. Supreme Court.
Kimberly R. Willoughby, Esq.
Willoughby & Associates303 E. 17th Ave., Ste. 910
Denver, CO 80203
(303) 839-1770
www.willoughbylaw.com
Chapter 34 — Developments in Non-married Partner LitigationChapter 34B — Civil Unions
Chapter 38 — Death and Divorce
Kimberly R. Willoughby is founder of Willoughby & Associates, LLC, a small firm limited to
domestic relations practice, probate, and estate planning. Ms. Willoughby received her undergraduate
degree in 1991, magna cum laude, from the University of Colorado at Boulder, and her J.D. from
the University of Virginia in 1994. She was the articles editor for the Journal of Law and Politics.
Ms. Willoughby is a Fellow of the American Academy of Matrimonial Lawyers; has served on the
Executive Council of the Colorado Bar Association (CBA) Family Law Section; is a member of the
Trust and Estate Section of the CBA; and has served on the boards of the CBA, CLE, Denver Bar
Association, Colorado Women’s Bar Association, and Thompson Marsh Inn of Court.
Carolyn C. Witkus, Esq.
Gutterman Griffiths PC10375 Park Meadows Dr., Ste. 520
Littleton, CO 80124
(303) 858-8090
www.ggfamilylaw.com
Chapter 6 — Relocation Issues in Family LawChapter 12 — Determining When Trusts Are Property for the
Purpose of Equitable Division
Carolyn Witkus is a shareholder in Gutterman Griffiths PC, practicing family law. She special-
izes in high-conflict and complex asset cases. These include dissipation and separate property claims,
as well as oil and gas and trust issues, in which she often co-counsels with Suzanne Griffiths. She has
extensive experience with relocation issues, post-decree and contempt cases, and cases with immigra-
tion or international components. Carolyn has significant trial and negotiation experience, which allows
her to leverage her ability to think on her feet and assess situations from all sides, analyze risks and
strengths and negotiate from a position of strength. Carolyn also comes from a strong technical writing
and financial background, which gives her the ability to handle a variety of difficult issues.
Carolyn graduated from the University of Denver Sturm College of Law with the high honor
of Order of St. Ives, only conferred on the top 10 percent of the graduating class. While in law school,
Carolyn also served for two years on the DU Law Review, where she further honed her understanding
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xxxii (4/15)
of the law and her legal drafting skills. After law school and the Colorado bar examination, Carolyn
joined Gutterman Griffiths, where she has spent the entirety of her career, working her way up
through the ranks to ultimately become a shareholder for the firm.
An active member of the Colorado Women’s Chamber of Commerce and the Colorado Bar
Association Family Law Section, Carolyn also serves on the Colorado Judicial Institute Young
Professionals Division Leadership Committee. She is the co-author of multiple articles and has lec-
tured for the Family Law Institute, National Business Institute, and Metro-Denver Interdisciplinary
Committee.
Eric D. Wollard, Esq.
The Wollard Law Firm, P.C.4465 Kipling St., Ste. 200
Wheat Ridge, CO 80033
(303) 355-1141
www.foothillsfamilylaw.com
Chapter 25 — Dissolution of Marriage Proceedings and Bankruptcy Cases
Eric D. Wollard received his bachelor’s degree from the University of Oregon and his J.D.
from the University of Colorado.
Mr. Wollard is the principal of The Wollard Law Firm, P.C. and is a member of the Colorado
and First Judicial District bar associations. His practice focuses on representing clients in family law,
Chapter 7 and Chapter 13 bankruptcy cases, bankruptcy litigation, and personal injury cases.
Richard I. Zuber, Esq.
950 S. Cherry St., Ste. 300
Denver, CO 80246
(303) 753-1515
www.zuberfamilylaw.com
Chapter 5 — Revisiting the Tax Perils of Unallocated Family Support
Richard I. Zuber practices law in Denver as a sole practitioner. His practice is limited exclu-
sively to matrimonial/family law matters. He is a past president (2004-2006) of the Colorado Bar
Association CLE Board of Directors. Mr. Zuber has published numerous articles in the area of family
law, including “Revisiting the Tax Perils of Unallocated Family Support” in 2005; “Exploring the Tax
Perils of Temporary Unallocated Family Support” in 2001; “Who Pays the Tax? Assignment of
Income Doctrine I.R.C. § 1041” and “The Problematic Division of Deferred Non-Qualified Pension
Plans” in 1999; “The Prepayment of Maintenance Conundrum” in July 1998; “Voluntary Early
Retirement as a Factor in Modifying Maintenance” in April 1996; “Classifying Rent, Income and
About the Authors
(4/15) xxxiii
Profits From Separate Property” in June 1994; “Domestic Eavesdropping and Wiretapping and the
Admissibility of Intercepted Communications” in March 1992; and “Getting the Get: Obtaining a
Jewish Divorce in Colorado” in May 1991. Mr. Zuber has served as a member of the Executive
Council of the Family Law Section of the Colorado Bar Association for the past 15 years. He is a past
president of the Colorado Chapter of the American Academy of Matrimonial Lawyers (2008-2009).
He also served as chair of the Family Law Section of the Colorado Bar Association (2010-2011). He
has been named in the Best Lawyers of America publication for the years 2006 through 2013. Finally,
Richard has been a frequent lecturer on family law-related topics. His most recent lecture occurred at
the Family Law Institute in 2012, titled “Marital Misconduct or Economic Fault in Contemplation of
Divorce.”
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