COVID and Colorado Divorce: What to Expect

The COVID-19 pandemic has thrown quite a few wrenches into daily life, and nearly every area has been affected. Since this pandemic is a public health emergency and has brought unusual events such as lockdowns with it, there have also been many changes and uncertainty around legal proceedings, especially when it comes to divorce.

If you're thinking about getting a divorce, you likely have a lot of questions. While the situation is very fluid, and the answers to your specific questions may change, here's what to keep in mind.

COVID-19 Related Court Delays in Colorado Family Law Cases

Some of the documents you need to file for divorce may not be able to be filed, or the processing of these documents may be prolonged. This is because the court system is also under restrictions regarding COVID-19, including limited in-person proceedings, limited staffing, and more, depending on the severity of the infection rate in the court's area.

If you're not able to file documents, you can speak to an attorney about what your options are, including some alternatives to the traditional court divorce. While these alternatives will still require a final filing and approval by the court, they are largely conducted by you, your spouse, and your respective attorneys outside of a courtroom setting, so you can get started on an alternative now even if you cannot file in court where you live right now.

One common court alternative is mediation. During these sessions, you and your spouse work with an independent mediator, who will help you make decisions about the major issues in your divorce. The mediator must be a third party who has no connection to you and your spouse, so they remain fair and impartial throughout the process. Keep in mind that you can and should consult with an attorney during mediation. Your mediator cannot give you or your spouse any legal advice.

Whether a divorce alternative is right for you largely depends on your situation, so speak to your attorney about what options you may have to proceed with your divorce. Mediation tends to be less expensive and usually proceed faster than divorces that fully play out in court. In addition, you will remain more in control over the situation as the judge will decide the issues of your divorce should you not reach an agreement with your spouse outside of the courtroom.

Colorado Family Court Procedures Have Changed due to COVID-19

Many court procedures have changed. What once required an appearance in court, for example, now may be done virtually. Attorneys are submitting legal paperwork using court electronic submission systems when permitted so they can still file the necessary documents to move a case forward.

Your attorney will be on top of the changes to procedures and processes in your local court. You can also visit the court's official website for up-to-date announcements regarding restrictions and closures. Either way, it is best to be prepared for an experience that isn't quite what you may have expected and have some patience.

During COVID-19, Moving During Your Divorce Could Still Be an Option
If your situation is not tenable, you may be considering moving out before having the divorce finalized. Although there is some added risk to moving during a pandemic, it may be worth it if you are really struggling to live peacefully with your spouse. Be sure to consult with your attorney before you move, however, as this can impact your divorce, especially if you have children together.

Of course, if there is abuse in your household, It is important you leave home as soon as possible, even if you need to stay with family or friends temporarily. Never stay in the marital home just for the sake of the impending divorce if you are afraid of your spouse or fear for the safety of yourself or your children in any way. Visit the National Domestic Violence Hotline's official website for assistance today if you are in an abusive relationship and need help.

You do not have to stay in an unhappy marriage or one that is simply over because of the pandemic and its impact on the courts. There may be a way for you to get your divorce despite the situation. At the very least, you will be able to start the process, so you're ready to go when there is an opportunity to complete it.

Set up a free telephone consultation with Denver attorney Mitch Geller regarding your Colorado divorce or family law matter.