Divorce in Colorado involves a complex legal process. The process can be longer and more complicated when it involves children, assets, or debts. Contested divorces, in which the divorcing spouses do not agree on the material terms of their divorce, may involve additional steps during the process. Any mistake during the process can negatively affect your financial well-being and legal rights. An experienced Colorado divorce law attorney from Stahly Miner LLC can help you through the various steps of a Colorado divorce, including:
Filing a Divorce Petition
The divorce process officially begins when a person prepares and files a complaint for divorce in the local county court. The petition sets out the reason for divorce, jurisdiction, and the relief they are requesting, such as child custody and equitable division of their property. Your divorce petition states that the marriage is irretrievably broken. Before you can file for divorce in Colorado, you must have been domiciled in the state for at least 91 days.
Answering the Divorce Petition
Once the divorce petition is filed, it must be legally served on the other spouse so they have notice of the case and an opportunity to respond. They have 21 days to file a written response, file it with the court, and provide the spouse a copy.
Exchanging Financial Disclosures
Spouses in Colorado are required to exchange financial disclosures about their assets, income, expenses, and debts. These are due within 42 days after the divorce petition is served.
Negotiating a Settlement
The spouses can reach a settlement agreement at any point in the process regarding the material matters in their case, such as property division, child custody, child support, and alimony. Having a settlement agreement simplifies and expedites the process, potentially skipping several steps, allowing the spouses to get divorced faster and more amicably.
Conducting Discovery
Discovery is the formal exchange of information to prepare for trial. Spouses, through their attorneys, can ask the other to answer questions, provide information, or sit for depositions. This process can help the parties gain more information about the other party’s position or clarity about their finances. Sometimes, settlements may occur after discovery when the parties
Participating in Mediation
The court may order, or the spouses may agree to participate in, mediation. Mediation is an alternative dispute resolution method in which a neutral third party encourages the parties to communicate and reach an amicable out-of-court settlement. If the parties reach an agreement, they can present it to the court to convert to a formal order. If they don’t, the case proceeds to trial.
Attending Hearings
The court can order various hearings that the parties and/or their attorneys attend for various reasons, such as:
- An initial status conference to identify the legal issues involved in the case
- Hearings to determine the outcome of pre-trial motions
- Temporary orders hearing to address child custody, financial support, and parenting time while the divorce case is pending
- Permanent orders hearing to determine the final decisions in a divorce case
Contact an Experienced Colorado Divorce Attorney for Legal Representation and Assistance
The divorce attorneys from Stahly Miner LLC can guide you confidently through all of the steps outlined above. Contact us today to arrange a confidential consultation.