colorado divorce law

COVID-19 Update

Family Law, Divorce, Custody, Construction Defect, Personal Injury

Throughout the COVID-19 pandemic, our firm has remained open (law firms are considered ‘essential business” in Colorado). With one secretary answering the telephone, processing mail, filing etc. and the rest of us working from home to continue servicing client needs in the areas of construction law, general liability, personal injury and family law matters.. Effective Thursday, May 18, we will resume working from our office location. The office has been thoroughly cleaned, social distancing will be maintained, and masks and gloves available for staff and visitors. Please call us with any questions regarding Colorado and Wyoming construction and for Colorado family and divorce law. Please stay safe and wash your hands often.  

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Ivan Sarkissian Selected Among America’s Top 100 Civil Defense Litigators for 2020

Ivan A. Sarkissian, Shareholder and Co-founder of McConaughy & Sarkissian, P.C. was admitted to practice law in Colorado in 1997 and is admitted to practice in all Colorado state courts. The United States District Court for the District of Colorado, and the United States Tenth Circuit Court of Appeals. Mr. Sarkissian received his Bachelor of Arts degree from Michigan State University in 1993 and attended the Tulane University School of Law, obtaining his Juris Doctorate degree, cum laude, in 1997. While in law school, Mr Sarkissian was an associate editor of the Tulane Journal of International and Comparative Law.

Announcing the selection of Ivan Sarkissian, Esq. among America’s Top 100 Civil Defense Litigators® for 2020.  Selection to America’s Top 100 Civil Defense Litigators® is by invitation only and is reserved to identify most exceptional Civil Defense Litigators in the nation. 

Candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. 

Only the top 100 qualifying defense litigators in each state will receive this honor and be selected for membership among America’s Top 100 Civil Defense Litigators®.  With these extremely high standards for selection to America’s Top 100 Civil Defense Litigators® less than one-half percent (0.5%) of active attorneys in the United States will receive this honor. Truly the most exclusive and elite level of litigators in the community.

If you would like more information about America’s Top 100 Civil Defense Litigators®. Or the selection process, please visit our website at www.Top100CivilDefenseLitigators.com or contact Kevin Wieser – Membership Director at Membership@AmericasTop100Attorneys.com.

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Online Divorce Workshop

Family Law Divorce Legal Separation

Are you considering getting a divorce or legal separation? Are you unsure as to where you should even start? Whether the thought of getting a divorce only recently crossed your mind for the first time, or whether you have been considering ending your marriage for years, this workshop is for you. 

At this workshop, which will be conducted virtually via Zoom, you will hear from numerous professionals about the divorce process.  Family Law attorney Kama McConaughy Sarkissian, Esq. will be presenting along with another family attorney about the legal steps you need to take to end your marriage, including Colorado law regarding the division of property and debts, the allocation of parental responsibilities, spousal and child support, and attorney’s fees. The divorce process during the Covid-19 crisis will also be addressed during this workshop.

A mortgage lender and real estate expert will be presenting about options available to you whether you wish to stay in your marital residence or move on to another home.  There will also be a Certified Divorce Financial Analyst to discuss the potential financial pitfalls of divorce and the actions you can take now and in the future to protect yourself and your family.  You will have the opportunity to ask questions and you will be provided with resources to help you make decisions that are in you and your family’s best legal and financial interests. It is extremely important that before you decide to end your marriage you educate yourself about the dissolution of marriage process and all that it entails, both legally and financially.  This workshop is a great first step. 

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COVID-19 AND SELF-EMPLOYED/SMALL BUSINESS OWNERS

If you are self-employed or a small business owner, you may be facing a loss of revenue due to stay-at-home orders and mass closures throughout the State of Colorado.  As a result, meeting you family support obligations, paying your mortgage and car loans, while still supporting yourself,  may be difficult, if not impossible. The federal government has recently passed legislation to help small business owners, including sole proprietors.  There are a few different programs that may be available to provide economic assistance to your business during these difficult times. 

The first is the Payroll Protection Program (PPP) which provides forgivable loans of up to $10 million for certain business costs.  There are certain eligibility requirements and you will need to apply through a authorized bank or lender.  Some of the loan amount may be forgiven.  As the funds available are limited, you should contact your bank right away for more information about how to apply for the PPP.

The SBA has also set up an Economic Injury Disaster Loan and Loan Advance (EIDL) program, which provides small businesses, including non-profits, with low interest loans of up to $2 million.  You can access up to a $10,000 loan advance within three days of your application to pay for certain business expenses.   You apply for the EIDL program directly through the SBA portal.

There are other programs available to help you get through these difficult times. The Colorado Office of Economic Development has created a resource page which includes numerous resources available for small businesses, including sole proprietors, and independent contractors. You can obtain more information at choosecolorado.com/covid19/. 

The information herein is by no means exhaustive as the options available to small businesses and sole proprietors but it is a starting point.  We encourage you to contact your bank, CPA, and the SBA for further information.

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CO-PARENTING DURING A PANDEMIC

Family Law Co-Parenting Child Custody

Co-Parenting with your former spouse or partner can be difficult even during the best of times.  Co-Parenting during a world-wide pandemic can create a whole series of new issues for parents to have to address.  Some of the issues include whether a parent or child faces health issues making them at-risk for COVID-19; whether one or both of the parents work in a field that puts them potentially in contact with COVID-19, such as medical care providers, grocery store employees, and first responders; and whether the stay-at-home order makes transporting a child to and from parenting time difficult or impossible.

Very few judicial districts have provided directives as to parenting time during this pandemic.  One judicial district (not in the metro Denver area) issued an order that parents are to continue to exchange children per current parenting time orders UNLESS they would have to travel 50 miles or more for the exchange.  In these situations, the order provides any missed parenting time must be made up within 35 days.  It also provides that supervised parenting time must continue so long as the supervising center is open and a

While one judicial district’s order is not binding upon any other district court order, it provides some guidance that parenting time should continue unless the child would be required to travel a significant distance.  However, a more practical and common concern is the health of a parent or child, especially if either is at-risk if they get sick from COVID-19 or a parent works in a job that puts them at risk for obtaining COVID -19.  There is not an easy answer as to whether parenting time should be temporarily modified to protect everyone’s health.

Parents are required to follow the court’s parenting time orders unless doing so would  place child in imminent physical or emotional danger.  If a parent believes a child will be endangered, they are required to file a motion to restrict the other parent’s parenting time.  Otherwise, the parent withholding parenting time could be sanctioned by the court for violating parenting time orders.

The best advice is if you are legitimately concerned about your health, your child’s health or that of another household member due to the current pandemic or stay-at-home orders, you should reach out to the other parent. There are creative ways to continue parenting time, including Zoom and Facetime, and make-up parenting time once this crisis is over.  However, if you, the other parent, your child, or a household member contracts Covid-19, it is critical you seek the advice of your medical provider as to how you should proceed with parenting time and make the other parent aware of the provider’s recommendations to prevent the further spread of the disease.

Please feel free to contact us if you should have any questions about parenting time or any other family law matter.

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Family Law Court Proceedings during the COVID-19 Pandemic

Family Law

In light of the current global COVID-19 pandemic, the Chief Justice of the Supreme Court suspended many legal proceedings.  Additionally, the district courts have issued further directives which may differ from one county or judicial district from another.  However, as a basic matter, the courts are still holding hearings for the following family law related matters:

  • Petitions for temporary civil protection orders and permanent protection order hearings;
  • Petitions for temporary emergency risk protection orders and hearings on emergency risk protection orders;
  • Shelter hearings in dependency and neglect cases or other juvenile proceedings;
  • Petitions for appointment of an emergency guardian and/or special conservator;
  • Hearings on motions to restrict parenting time and parental abduction prevention; and
  • Emergency mental health proceedings

In addition, many of the district courts continue to hold status conferences by telephone and in some judicial districts, judges are holding certain hearings by video conferencing and/or telephone. All of the metro Denver district courts are still accepting filings for new  and on-going family law matters, including petitions for dissolution of marriage, motions for allocation of parental responsibilities, and motions to modify prior orders, and most importantly.  Most importantly, the courts continue to hold hearings on temporary and permanent protection orders and motions to restrict parenting time, if a child is endangered.  If you need legal help during these uncertain times, we are available to you.  We at McConaughy & Sarkissian, P.C. remain committed to helping you and your family navigate any family law matters you may be facing.  We are available for video and telephone conferences and we are accepting new clients.  Please let us know if you have questions or we can be of help to you.

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National Doctors Day

McConaughy & Sarkissian, P.C. wishes to express our most sincere thanks and gratitude to the first responders and health care workers who are working in some cases around the clock to protect and take care of us during this pandemic.  

Today is National Doctors Day so an extra thank you to all the doctors including the many who have come out of retirement to help during these trying times.  We also wish to express our gratitude to law enforcement, carryout restaurants, grocery stores, pharmacies and others who remain available for service.   Thank you!  

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COVID-19 AND OUR COMMITMENT TO OUR CLIENTS

We at McConaughy & Sarkissian, P.C.  Recognize during these difficult and unprecedented times families going through a divorce or family separation may be facing uncertainty about their family, their finances and their futures.  We are committed to helping you through these difficult and stressful times.  We will continue to remain open and are equipped to meet via telephone, email, FaceTime and video conferencing.

We are still meeting with new clients and accepting new cases.  We are able to commence new actions, including actions for dissolution of marriage and for allocation of parental responsibilities, in every county in the metro Denver area, including Arapahoe, Douglas, Denver, Adams, Jefferson and Broomfield.  We are also still able to file motions to modify pre-existing orders.  If needed, we are able to schedule virtual and telephonic mediations. 

In our current and ever changing environment, you may have questions or concerns about your unique family situation. Please rest assured that we are ready to assist you in any way we can.

Please contact us if you have questions or need our help. 

Telephone:  303-649-0999

Kama McConaughy Sarkissian’s Email: KMS@mslawpc.com

Andrea Koelzer’s Email: AKoelzer@mslawpc.com

colorado divorce law

Risk Transfer: Indemnification & Additional Insured Status

Ivan Sarkissian, Esq. & Kate McDonald, Esq., of the Civil Litigation Team, present Risk Transfer: Indemnification & Additional Insured Status, at the Associated General Contractors of America’s Annual Convention, in Las Vegas, on March 10, 2020.

2020 AGC Presentation  [Preparing For The Industry of Tommorrow]

Anti-Indemnity Chart [Chart]

Notice of Claim Form [Form]

Tender Insurer Form  [Form]

Tender Subcontractor Form [Form]