Cherry Creek Divorce Lawyer

In Colorado, most divorces take 6 to 9 months to finish, depending on the issues at hand and, in particular, whether they are contested. An uncontested divorce in Colorado usually takes less time. There is no one set of steps that will apply to every case since the crucial phases will rely on the particular conditions in your situation. The first thing to remember is that unless a court order is made, nothing is legally binding. Keep this in mind in the future.

Dissolution of Marriage Petition

The first step is to prepare the documents for filing with the court. Being the Petitioner or Respondent has no advantages or disadvantages, with the exception of any issues concerning Colorado’s jurisdiction over a spouse. You can also file as Co-Petitioners if you choose. A judge will not treat a divorce initiator any differently from a spouse who did not initiate the divorce. It makes no difference how the caption is written on the pleading. Following the filing of the first petitions, the other spouse must either be served with the paperwork or sign a waiver of service, which starts a formal 91-day clock before the court may issue a dissolution order. However, as previously indicated, the majority of instances take significantly longer. It’s a rare situation in which both spouses are completely cooperative, all disclosures have been done, all agreements have been signed, and all they’re waiting for is the court to issue the decree on day 91.

Financial Disclosure

When the process first starts, each spouse must submit a sworn financial statement and provide significant financial disclosures. Your lawyer will tell you what information you need to provide. These initial financial disclosures are essential in all instances, even if everything has been agreed upon. This is because, even if the spouses have reached a comprehensive agreement, the court must still evaluate if the settlement is fair and not unreasonable before it can be approved.

Initial Status Conference

Within 40 days of the petition for dissolution being submitted, the court will hold an Initial Status Conference to set deadlines for disclosures, expert appointments, and, if necessary, a temporary orders court date. The ISC lasts around 10 minutes, and the partners will only have small, if any, speaking parts. If both spouses have legal counsel, they can file a Stipulated Case Management Plan that allows them to set their own deadlines. There is no need for anyone to take breaks and appear in court as a result of this. The ISC is necessary if one spouse does not have legal counsel and cannot be averted with a stipulation.

Discovery

A spouse may seek further disclosures or evidence if there is a concern that an asset has disappeared, there are worries about where debts began, or there is a need to look at a spouse’s educational or career background to decide an appropriate income to impute. Some of the info you can obtain is included below.

• Interrogatories that both parties have to answer.
• Interrogatories are usually accompanied by requests for the preparation of documents. Inquiries for credit card or pay stub information, medical data, and other documents are common.
• Inspections are then conducted for appraisals or inventory reasons.
• Spouses may seek a second opinion concerning their spouse’s medical or mental health. This frequently happens when one of the spouses claims to be unable to work.

If there is no consensus, discovery motions cannot be issued until after the Initial Status Conference. From a strictly practical sense, you should normally wait until you get the other spouse’s financial disclosures before choosing what further details you want.

Temporary Orders

If the spouses cannot agree on any important issues and do not want to wait for the entire contested final orders hearing, the court can issue interim orders that will only be in effect until the divorce is finalized. Each side gets roughly 25 minutes to plead their case, plus the time for the court to rule, during a temporary orders hearing. Additional witnesses are rarely summoned at this stage since there isn’t much time for questioning of the client and cross examination of the other.

Permanent Orders

This final round of the case normally takes 6 to 9 months to complete. If your case is undisputed but you have children and one spouse does not have legal representation, you will be required to have a rapid uncontested permanent orders hearing before a judge, where the court will review the agreements. Both spouses will be called to the stand and testify under oath. An uncontested permanent orders hearing is usually held roughly 6 months after the divorce proceedings begin. If your case is contentious, you will very certainly have a half-day contested permanent orders hearing, during which the spouses will have more time to make their case, including time for more witnesses, a childcare expert, and so on. A full-day hearing is feasible, but it needs agreement from both counsel, and even then, the court may call the attorneys for a status conference to clarify why more time is needed. A contested half-day permanent orders hearing takes around 9 months to complete, and a full-day hearing might take up to a year.

Settlement Meetings

Due to Colorado’s preference for settlement over litigation, the spouses will be required to meet and discuss the subject outside of the courtroom before being allowed to take up time on the crowded docket. The same prudence that applies to court proceedings should be used here. Some of these may not apply in situations when complaints are handled quickly.

Is It Necessary to Attend a Divorce Hearing?

In Colorado, a divorce decree can be obtained without ever having to visit a courthouse. If you want to avoid going to court, consulting and working with a Cherry Creek divorce lawyer is the most reliable way to achieve your goal. Even if all appropriate documentation has been completed and full agreement has been reached, the parties will be obliged to attend a speedy, final hearing unless they have filed an “affidavit for decree without the presence of parties.” This documentation merely tells the court that all of the necessary documents have been filed and asks that the divorce decree be granted without the need for anybody to appear in person. This Affidavit may only be used to prevent going to court if there are no young children from the marriage, or if there are children, both sides have Cherry Creek divorce lawyers advising them in the divorce.

How to Prepare for Divorce

Both mental and physical preparations are required for divorce proceedings due to their complex nature. Before beginning the divorce procedure, we recommend making the following preparations.

• Consult your divorce lawyer about alternative options. It isn’t always required to go to court to get a divorce. Mediation and uncontested divorce are less unpleasant options.
• Organize your financial situation. The division of assets is typically the most thorny issue in any divorce. Decide which assets you wish to keep and where you’re willing to make concessions.
• Get your supporting documentation ready. Including information on your wages, household payments, and pre-marital assets, among other things. Bring out your prenuptial agreement if you have one.
• Calculate the expenses of not being married for yourself. Calculate how much your single life will cost you based on your financial status. Do you have a place to stay or would you rather keep your home? If you have kids, you may find that alimony and child support are insufficient to sustain your new lifestyle. So think about the adjustments you’ll have to make in the future.

Difference Between Divorce and Legal Separation