What to Expect During a Traditional Divorce Process in Colorado

For Colorado couples, a divorce is a serious decision and process that will impact your life now and for years to come. Naturally, with such far-reaching consequences, just the thought of getting a divorce can be intimidating because of all the unknowns.

While no two Colorado divorces are the same, there are some general steps you can expect to go through in a traditional divorce. If you have any questions about the process outlined below or your case in general, be sure to call our law firm for a free consultation.

Colorado Divorce Initial Filing

The process of divorce formally kicks off with a petition for dissolution of marriage being filed in the court. This petition lays out your desire to end your marriage. If you and your spouse have agreed on everything already, you can file a petition together, along with a proposed settlement for the court to review and approve. However, even if this is the case, you still must wait 91 days for the court to finalize it under state laws. This timeline is not the norm because, in most cases, the spouses don't immediately agree on all areas of the divorce, which include property division, debt allocation, child custody, child support, and spousal support, if applicable.

Financial information is supposed to be exchanged by the spouses within 42 days of the petition's filing. This includes information about assets, income, debts, and any monthly expenses. It is important to be fully honest in this exchange because if you are not, you could be penalized for it in some way by the court later.

What Happens During an Initial Status Conference in a Colorado Divorce?

Within 42 days, you, your spouse, and your attorneys have to attend what is known as an initial status conference in court. During this conference, the court will go through the issues relevant to your case and set important dates. Depending on the court, you may also present any issues you need temporary orders to address for now, but unless you are in agreement, the court will not enter orders at this stage.  This is not an evidentiary hearing at which you need to present evidence.  It is designed to inform the court about the issues you anticipate will need a hearing later and those upon which you think you may be able to reach agreement.

What are Temporary Orders in Colorado Family Law Cases?

Many things need to be addressed in a divorce right away, but since the process takes some time, these time-sensitive matters are often handled via temporary orders. Child custody, child support, and who pays which bills, for example, cannot wait until the divorce is final. Children need stability, and bills have to be paid.

Keep in mind these orders and agreements are just for the short term, although it is always possible their terms may become part of the final divorce settlement. It is helpful to have an attorney help you with your requests for temporary orders.

Is Mediation Required by Colorado Family Law Courts?

Once you and your attorney have all of the information and temporary matters have been addressed, it's normally time to try to resolve the issues of the divorce outside of a formal courtroom setting. In most situations, the court will require that you and your spouse engage in settlement discussions and at least one mediation session before going to court and having a judge decide. Generally, coming to an agreement outside of court is preferable as it is less expensive than litigation and gives you more control over the process. However, if you cannot reach an agreement with your spouse, you will have to go through a hearing or trial.

What Happens During a Colorado Family Law Permanent Orders Hearing?

If you do not reach an agreement with your spouse, your attorney will begin to prepare for a hearing or even a family law trial in your case. Preparation varies by case but the lead up to this event in your divorce can take one to two months or longer.

Eventually, you will receive a date for your hearing or bench trial to begin. As with other parts of the process, how long your trial will take will depend on your case and its complexities.  Straight forward cases may take half a day, but complex cases may take several days stretched over several weeks to accommodate the court’s docket. At the trial, you can present evidence that supports your views on the issues in the divorce and have witnesses testify, and your spouse can do the same. Bear in mind that if you must go to trial, the judge will ultimately decide your divorce's important issues. That is why a divorce trial is not the preferred route for many couples, although it is necessary sometimes.

For many people, a divorce is the first exposure they have ever had with a court system. Many, if not all, parts of the divorce process are completely new to the spouses involved. Do not try to handle it alone, as you may end up making expensive mistakes with long-lasting consequences. An experienced attorney can provide you with support, knowledge, and representation of your interests during this time.

Colorado divorces can be complicated, call Mitch Geller for your Colorado family law free consultation.