Category: Divorce

covid-19 impact on family law

The Impact of COVID-19 on Family Law

Posted by Bernie Greenberg on with 0 Comment

The Novel Coronavirus (COVID-19) has radically altered how the world works, at least for the near term. Entire cities are rightly being shuttered as measures are taken to slow the spread of this dangerous disease. Workers are being furloughed or laid off, there are mounting unemployment claims, and there is an air of uncertainty among all of it. 

We’re seeing similar developments within the Colorado court system. While each jurisdiction is responsible for communicating their individual plans for holding court and processing cases as usual, the Colorado Supreme Court and Court of Appeals are also suspending some operations until the Coronavirus pandemic is brought under control and judicial workers can safely return to work. 

This is obviously impacting family law cases. Those who are in the process of filing for divorce or resolving child custody disputes are finding themselves hamstrung by the Coronavirus situation. Not every judicial jurisdiction in Colorado has the same stance on this, however. To obtain information about COVID-19 announcements in your county, we suggest visiting the Colorado Judicial Branch’s web page and locating the announcement specific to your county.

New Divorce Filings

Because so many districts are experiencing limited operations regarding the administration of  hearings, depositions, and trials, it’s going to be very difficult if possible at all to quickly and effectively file for divorce amidst the Coronavirus pandemic. 

When Will This Happen? 

We are living in a state of uncertainty. No one knows for sure how long we will have to wait before divorce court proceedings will return to normal. As of the publishing of this blog post, many districts have announced limited operations until mid-May or early June. Depending on the ongoing severity of the Coronavirus pandemic, these timelines might be extended even further.

covid-19 impact on family law 2

Therefore, it’s advisable to prepare for weeks and potentially months of delays. As challenging as this may be for some, it’s worth remembering that everyone is experiencing setbacks as a result of current events. Even in cases of uncontested, childless divorce proceedings, it’s likely that little to no progress will be made for newly filed cases until operational restrictions are lifted. 

What Can Be Done During This Time? 

Even though the Colorado court system is experiencing protracted delays, that doesn’t mean you cannot obtain legal advice related to your divorce filing. During the COVID-19 situation, Kokish and Goldmanis, PC is still engaged in active communication with our clients. So, we remain available to consult with you and develop strategies for divorce proceedings now, so that appropriate action can be taken when it becomes possible to do so. 

Impact on Domestic Situations

Not only are judicial operations experiencing significant disruptions, but stay-at-home and shelter-in-place orders are making it difficult to locate housing alternatives. This is having direct impacts on marriages that are in the process of being dissolved. 

So, in addition to divorce filings being drawn out with no real end in sight, local public health directives are adding yet more complexity to the situation. Right now, it’s not so easy to find a new place to live, even temporarily. An example of this is the abrupt drop in bookings on lodging platforms like AirBnB and Hotels.com. 

If you’re someone who is currently in the early phases of divorce and you’re still living with your partner, the best actions to take during this time are to remain patient and do the best you can to tolerate your existing living situation. It might be worth exploring temporary living situations with family or friends; however, keep in mind that the same social distancing guidelines are going to need to be taken into consideration. 

We are all in this together. And, everyone is encountering personal struggles as the Coronavirus pandemic continues to send shockwaves throughout the world. 

We Are Still Here for You

One of the many benefits that comes with having an experienced Family Law team in your corner is effective preparation—preparation for filing motions, drafting necessary documents, and providing sound legal advice for complicated cases. 

Kokish and Goldmanis, PC is your legal resource for Family Law matters related to divorce, child custody, will and estate cases, and more. We specialize in demystifying the legal process, and our team is standing by to help you even as we’re all adjusting to life in quarantine. 

If you are in need of legal counsel in a Family Law matter, please contact our offices today. We look forward to be of service to you during these trying and uncertain times.

Protect Yourself and Family from Scams and Fraud

Posted by Bernie Greenberg on with 0 Comment

Foreign Hackers

Our firm is located in Castle Rock, Colorado, currently rated as one of the most desirable places to live in the U.S. As our community has grown it has attracted an assortment of scammers, fraudsters and con-artists. Each year we publish an article on the latest tips you can use to protect your family and yourself from getting scammed. Here is our 2019 update on avoiding fraud and cons.

Here are some of the latest frauds to watch out for:

1) Fake families begging at local stores.
2) Fake notices on obtaining recorded documents about real estate.
3) The ever popular robo call now also on your cell phone.
4) Skimming machines at local gas stations.
5) In good weather the always annoying door to door sales person.
6) Internet scams now appearing on your facebook and twitter pages and in the groups you follow there.

There are many more and scammers get bolder and more sophisticated each day. Your job, with these tips is to outsmart the con-artists. Here are several tips to use:

1) Any time and in any place that you feel threatened or uncomfortable, call the police or sheriff’s office. Nothing makes rats run away faster than the cops arriving.

2) If you are unsure about an offer or sales person, check them out before signing anything or giving them money. Use these links to get more detailed tips:
https://www.consumer.ftc.gov/articles/0060-10-things-you-can-do-avoid-fraud

https://www.bbb.org/avoidscams/

https://www.scamwatch.gov.au/get-help/protect-yourself-from-scams

3) Ask your lawyer or CPA for their opinion before you hand your hard earned money over to someone. Your lawyer and CPA owe you what is called “fiduciary care” so they are required to have your interest paramount.

4) As hard as this may be to do, NEVER EVER give money to someone who is begging at the store. If you fail to follow this rule you will probably see that fake family at the car dealer buying their next car with your money!

5) As fun as it is to follow advice on facebook, twitter and nextdoor, don’t buy ANYTHING just because you see it there. I recently purchased a tool for my bike on facebook and, to my total dismay it was a total piece of garbage and I should have known better!

The basis rule in our law is Caveat Emptor. This means that only you can prevent fraud and only you are the best means to protect yourself from scams and con-artists. Remember this: Be careful out there!

3 (Of Many) Reasons Why Estate Planning is Not Only for the Wealthy

Posted by Bernie Greenberg on with 0 Comment
Before I became an estate planning attorney, I did not fully understand the importance of having an estate plan.  I thought that estate planning was only for the wealthy.  Nothing can be further from the truth!
So, here are 3 reasons why you should consider meeting with an estate planning attorney, regardless of your wealth:

1. You have children under the age of 18.

A good estate plan protects your children from an uncertain future.  For example, a comprehensive estate plan for families with young children will include an Appointment of Guardian, which allows you to nominate a guardian to care for your children when you die or become incapacitated and are unable to care for them.  They also include an Authorization for Care of Minor Children, which allows you to appoint an another adult to temporarily care for and make decisions on behalf of your minor children when you are on vacation, unavailable, or become incapacitated.

2. To appoint decision makers to take care of you and your finances should you become unable to do so.

Not all estate planning concerns death.  For example, power of attorney documents are important estate planning tools.  These documents allow you to name people you trust (agents) to make medical and financial decisions for you while you alive, but are unable, or don’t want to, make such decisions for yourself.

3. The State in which you live has already created an estate plan for you.

All 50 states, and the District of Columbia, have laws that dictate how your property will be distributed after you die.  These laws are called the laws of intestacy and apply when you die without a will.  These laws may not match how you want your property to be distributed after your death.
Greta Suneson

Is Your Estate Plan HIPAA Compliant?

Posted by Bernie Greenberg on with 0 Comment

HIPAA compliance runs through most of our daily lives and activities. Having an estate plan which is HIPAA compliant is now mandatory in order for your wishes to be carried out.

Here are some things to check in your documents:

  • Are the documents dated prior to 2010? Older documents are often not HIPAA Compliant.
  • Do your documents mention HIPAA? If they don’t the documents are not compliant.
  • Are HIPAA Personal Representatives named? If not then the documents are not HIPAA compliant.

HIPAA Compliance

K&G can review your plan documents to ensure effective compliance. Contact our office at 303-688-3535 to schedule an estate plan review meeting today.

Becky Photo Castle Rock Law Firm

Rebecca Goldmanis Named Rising Star By Colorado Super Lawyers

Posted by Sean Pooley on with 0 Comment

K&G is pleased to announce that firm partner Rebecca Goldmanis has been named a Rising Star by Colorado Super Lawyers. Becky heads the firm’s Family Law Department and specializes in family law, complex and high conflict divorce and post decree matters.

As a former district attorney, Becky is experienced in high conflict matters and is recognized as one of Colorado’s top family law specialists. Becky also presented to the Colorado Family Law Institute in the summer of 2017 with K&G partner Bernie Greenberg on how trusts can impact divorce.

Dealing with a Spouse’s Substance Abuse Addiction

Posted by Sean Pooley on

Being married to somebody with a substance abuse addiction affects the whole family.  A spouse with a substance abuse addiction may:

  • have an excessive need for privacy;
  • be dishonest;
  • behave secretively or suspiciously;
  • lose interest in family activities;
  • have a hard time paying attention and focusing;
  • lose his/her job; and,
  • become physically abusive.

Dealing with your spouse’s behavior could be difficult and may even endanger your family.  If your spouse has a substance abuse addiction and refuses to seek treatment, you may need to consider a divorce.  If you have children, it is imperative that you take appropriate action to ensure your spouse’s addiction does not endanger your children.  By leaving your children alone with your spouse, you may be putting your parental rights at risk.

Below are links to helpful resources to assist you in deciding whether a divorce is appropriate and information on how your spouse’s substance use can be monitored during the pendency of a divorce:

If you decide a divorce is right for you, you should contact an attorney with experience handling cases that involve substance abuse addictions to advice you regarding your options and what action will best benefit your family.