Many people going through a Colorado divorce want to know how long they can expect the process to take. Every divorce is different, so the answer to this question can vary. However, this is the general process involved in a “typical” divorce case in Colorado:
Filing a Petition for Divorce in Colorado
The divorce process in Colorado officially begins when one of the spouses files a petition for the dissolution of marriage in the appropriate court. Often, a spouse will have retained the services of a local attorney to complete this step and provide legal assistance and representation throughout the process.
The dissolution of marriage contains important information, including:
- A formal request for the court to legally end the marriage
- Information about why this is the proper court to file the divorce action
- Identifying information about the spouses and their minor children, if any
- The reason the spouse is seeking a divorce
- Specific requests about how to divide marital property, child custody requests, and other legal issues
Filing an Answer
The spouse filing the petition is required to provide the other spouse with a copy of the divorce papers and the summons that states the case has been filed and provides a deadline by which the spouse must provide an answer to avoid a default judgment.
Exchanging Information
The spouses will be required to submit financial disclosures and exchange information about their assets and debts. This information is necessary to make key decisions about property division, spousal maintenance, and child support.
Attending an Initial Status Conference
Many counties in Colorado set a hearing with the judge, magistrate, or family court facilitator within 42 days from when the petition was filed. This conference allows the court and parties to review progress on financial disclosures, set a deadline for mediation, and ascertain whether temporary orders will be necessary.
Seeking Temporary Orders
One or both spouses may want the court to make decisions about key matters involved in the case while the case is pending, such as temporary payment of bills, parenting time, child support, and other temporary matters. The parties can present evidence at a hearing specific to establishing such temporary orders.
Attending Mediation
The court will encourage the parties to try to reach an amicable agreement regarding the terms of the divorce. The parties may engage in mediation, which is a form of alternative dispute resolution that attempts to get the parties to see the other’s position and communicate better to avoid litigation and achieve shared interests. If an agreement is reached in mediation, this agreement can be submitted to the court to convert to a formal order.
Proceeding to Trial
If the parties did not reach an agreement in mediation or have not otherwise settled their case, the case proceeds to trial, where they can present evidence and witnesses to support their position.
Contact an Experienced Divorce Attorney for Legal Guidance
The divorce process can easily take a year or longer by the time that the parties complete all of the involved steps. The legal team at Stahly Miner LLC can review your particular situation during a confidential consultation. Contact our Colorado high-net worth divorce lawyers to learn more at (855) 976-4020.