Today marks the 73d anniversary of Operation Overlord which was the invasion of Normandy that helped lead to the ultimate defeat of Nazi Germany. The veterans we have left from this war are all in their nineties, with a few exceptions, and within another decade they will all be gone. What few know is the Supreme Allied Commander, General Dwight D. Eisenhower, had some doubts as to whether the invasion would succeed. And while 73 years later this fear may seem unfounded, we must remember the Allies had suffered a significant defeat at Dieppe in which the Germans repulsed with heavy losses a raid against the French coast. Accordingly, General Eisenhower penned the following in the event the Allied landings failed: Continue reading
Thomas Gray penned “Where ignorance is bliss, ’tis folly to be wise” in his poem Ode on a Distant Prospect of Eton College, written in 1742. Today this phrase has become synonymous with apathy and a carefree attitude. In my mind it takes its place with classics such as, “it’s only a lot of reading if you do it,” or “it only takes a minute if you wait to the last minute.” Each of the phrases represents what I call a lack of situational awareness. Continue reading
When I was teaching at West Point (US Military Academy), we used to give a pass/fail writing test which determined if a cadet moved on to his or her junior year. It was a high stress moment for the cadets, and one year a cadet burst into tears during the test over his fear that he might fail. A fellow instructor in disbelief said, “Good God, man, stop that, no one is shooting at you.”
Most of us can emphasize with that cadet; we fear the unknown, and we fear the consequences of a possible change in our lives. This is often the case with those facing divorce, particularly in those cases in which parenting time, child support and a division of marital property are contested.
We are all familiar with the stories of unjust outcomes in which one party is left with nothing or a father is left with little access to his children. These things can happen, but by and large a good guide can help someone navigate the legal system. This is why I always counsel meeting with an attorney whose practice is in this area. Doing so can alleviate the fear of the unknown.
For example, I see people who fear that after years of not working they will be left with nothing. Fortunately, in most cases this is not the case. A court can award maintenance or property to ensure a spouse is not left destitute.
Let’s take the following example. A couple purchases a home but one party’s name is not on the deed or the mortgage; to whom does the home belong? The answer is that if the home was purchased during the marriage and there is no agreement to the contrary the court is likely to find that the home is marital property. Every situation is different, but the general rule is that if there is any marital equity that equity is divisible between the parties. Marital equity is nothing more than the equity in property which was accumulated during the marriage. So, if an investment grew by a $100 during a marriage the $100 growth might represent equity that could be divided by the Court.
Similar rules apply regarding parenting time. If you have been involved with your children and there is no conduct to warrant otherwise, judges in Colorado are going to ensure you get time with your children. Again, circumstances in each case are different, but Colorado is one of the better states with regards to parenting time because the Colorado state legislature has determined that both moms and dads are important to their children. This is good news for fathers who often fear they will be shut out from the lives of their children.
Bottom line: Don’t panic; talk to us and we can give you advice based upon your circumstances.
So we are two weeks into the New Year and my resolution to change my eating habits has already been defeated in part by a pan of home-made brownies. These are genuine, from scratch, brownies made with nuts and chocolate chips. My wife made them for a gathering at our home, and their mere presence weakened me. When they sent me a subliminal message, like Adam, I did partake. I would like to say I immediately repented, but I haven’t. I have a trick I use to fool myself; I will cut off a one inch square so as to control how much I am eating, but I then go back and cut another 5-7 squares. Anyone out there relate? Continue reading
As I wrote in my last post, my wife broke her collarbone when she was thrown from her horse. The bone required surgery to set as it shattered on impact. She now has a plate and several screws holding her clavicle together. Consequently, my wife has decided enough is enough with regards to horses. I cannot say that I blame her. While she is the most intuitive trainer I have seen, she has shattered a wrist, suffered a concussion, and now this last accident, all while riding or working with horses. Admittedly, the injuries have been spread over 15 years, but it hurts to be hurt. Continue reading