Henley Gatz, P.C. is a Colorado Springs law firm located at 110 1/2 N Tejon Street in Colorado Springs. We practice family law, and specialize in the areas of divorce and child custody. Between 2007 and 2015, I had the privilege of working as a partner with my father, Tom (Thomas) Henley, who retired in 2015 after 50 years of practicing law.
If you are interested in meeting with us, please contact us at (719) 471-4782 to set up an initial consultation or click here to fill in out online form and we will contact you. Initial consultations are billed at an hourly rate, and payment is due at the end of the consultation. At the consultation, we can give you a general overview of the family law process, and answer questions that you may have about your individual case.
Your cooperation is very important. A client must keep us informed of any change of address, phone number, employment and circumstances. Full disclosure to us of all facts is essential to enable us to properly represent you.
The competitive spirit spouses may bring to these cases sometimes leads to requests to "take him for everything he's got" or "don't let her get a nickel", or requests that we not tell the other side of the existence of assets our client wants to keep. We do not, and will not, practice law that way. We will request that you receive what the law says is your rightful share of the assets, and will only deal honestly in revealing what assets exist to be divided. Each side owes that duty of candor to the other. It is what is known as a fiduciary duty.
Attorney Responsibilities: Domestic relations cases are governed by unique rules and statutes. One of the rules governing these cases is Rule 16.2. It states that persons involved in domestic relations cases are in a special relationship to each other and that each person has a duty to provide complete and honest disclosure of all material facts to the other and to the court. This duty to disclose exists even if the other party does not formally ask for the information. As your attorneys, we will advise you about what facts and information must be disclosed to the other side.
Client Responsibilities: As the client, you have a legal duty to disclose all the facts and information that may affect the outcome of your case. This information may be in the form of documents, like tax returns, or pay stubs; or it may simply be information that you know about, such as prior health problems, or an appraisal, or offer to purchase an asset. By court rule, you and the other party have the legal duty to provide this information to each other and the court, even if it may be unfavorable to one or the other of you. Any attempt to conceal such information violates this duty and will not be tolerated by the court. If you choose not to follow our advice on what information must be disclosed, we would have to withdraw from the case.
We do not try to take the place of the Court in negotiating a settlement, but we do attempt to use our experience as a guideline for recommending to clients what we consider reasonable. There is a high volume of work imposed upon Judges in this District and Judges usually have a short period of time to devote to an individual case. We therefore feel that in most cases, if the attorneys are reasonable and the parties involved are reasonable, they can generally achieve a better result through settlement than through a Judge's decision. It is possible to have your case handled by Arbitration and/or Mediation, in place of resolution by Trial.
In the last several years we have come to the conclusion that Mediation and/or Arbitration before a privately selected, talented person who is well informed in domestic relations matters is a better process than Trial. Mediation/Arbitration allows for a more creative and considered approach to resolving disputed issues than a Trial. For this reason, Mediation/Arbitration is often preferred by clients over a Trial. In Mediation, the result is achieved by the parties' agreement; in Trial and Arbitration, issues are decided the way the Judge or Arbiter feels they should be, whether or not the parties agree. If a case is not resolved by agreement by just attorneys and the parties, these alternative means of dispute resolution are worthy of consideration in place of a Trial.