6 Things to Know About Colorado Divorce Proceedings During COVID-19
Whether you are currently in the midst of a divorce or are thinking about one in Colorado, you probably have questions. Once you add an unprecedented pandemic into the mix, those questions can easily double.
As with other areas of life, the COVID-19 pandemic has impacted the divorce process in Colorado and elsewhere. Consider the following six aspects of Colorado divorce proceedings during this unusual time as you decide what to do next in your case.
The Pandemic has Affected Colorado Divorce Court Procedures
Most Colorado courts are postponing in-person family law proceedings as much as possible to help prevent the spread of COVID-19. If you are already in a divorce, you may have received notice from the court about your upcoming hearing dates. For more urgent matters, such as emergency orders related to children or protection orders, the courts are trying other avenues, such as phone communication and website appearances to conduct hearings.
What will happen in your case depends on the specifics of your divorce; however, keep in mind that many courts are not yet rescheduling hearings because they are not sure when buildings will be able to reopen fully. An experienced family law attorney will be a key player in the divorce process to answer questions about your case's status as well as provide advice, guidance, and other legal help.
Divorces in Colorado Can Advance During the COVID-19 Pandemic
While you might not be able to finalize your divorce right now, you can still start working on your case if you haven't filed yet or work on the one you are currently in.
For those who have not yet started a case, now is the time to reach out to an attorney for help. They can begin laying the groundwork for your divorce and explain what your options are. You can also start gathering the documentation you will need for your case, including financial statements and other records.
If you currently have an active divorce case, you can still gather needed documents if you have not done so already. A family law attorney helps move your case along with advice on how to advance your case while you wait for your next court date or case deadline.
Current Colorado Family Law Orders and COVID-19
In Colorado, you still must follow any family law orders already issued by the court —including temporary ones —until the court formally changes them. If, for example, you were required by the court to submit documents by a certain date or file status reports, you still must meet those deadlines regardless of COVID related issues.
Never disregard a court order, as doing so could have legal consequences. If you have concerns that your spouse could put your children at risk during the parenting time the court has given them, you must file in court for permission to restrict or end that parenting time for now. If you attempt to end or limit their court-granted parenting time, you can be held in contempt of court even if you have good reasons for doing so. If there is domestic violence involved, be sure to reach out to a lawyer with criminal law and family law experience for help immediately.
Colorado Family Law Mediation During COVID-19
You do need your final divorce agreement officially approved and recognized by a Colorado court, but you do not have to rely on the court to create that agreement. Instead, you can use a courtroom alternative, such as alternative dispute resolution (ADR) or mediation, to help resolve your case outside of a formal court setting. Review all the potential alternatives to a trial in your divorce case with your attorney. Although you may need to go to trial to settle your divorce, you will have more control and will likely spend less on legal costs if you can settle with your spouse without a judge's intervention.
Temporary Orders for Colorado Divorce Cases
You can still work out formal but temporary legal agreements over your divorce matters that must be addressed right now —such as parenting time and bill responsibility —while you wait for a final divorce agreement. While you will likely still have to work with your spouse to come to a final settlement over these issues, temporary agreements can help eliminate confusion and keep everyone on the same page in the meantime.
Being Patient During Your Divorce is Key
It can be very frustrating to see your divorce case stall, but keep in mind that this is only a temporary situation. Things are changing constantly, so pay attention to any news from the court where your case was or is being filed. Keep in contact with your attorney at all times because they will have the latest news on the local court system. They can also explain any court restriction or procedural change that could impact your divorce, so you are not left in the dark.
You should never have to go through your divorce without experienced representation on your side, even during more certain times. COVID has made an already challenging time in people's lives more challenging. Call Mitch Geller for representation.