|
While every divorce, or “dissolution of marriage” proceeding, is different, most litigants should be aware of the following, key events in the case. This is a general overview, only, and you should always be sure to carefully monitor any notices or orders you receive from the court about specific, procedural requirements in your own case. For example, for cases assigned to one of the fast track, “simplified divorce” programs, your deadlines could be much sooner.
However, for most cases, it is helpful to divide the process into three parts:
A. Preliminary Stage : The summons and petition are filed with the court, and your spouse is served. You have a minimum of 90 days under Colorado law between the time that your spouse is served until the earliest date that a divorce decree can be granted. Your spouse is supposed to file a response with the court 20 days after (s) he is served (or 30 if service of process is not in Colorado). During this time period, you should take steps to inventory your assets, locate financial documents, and begin to plan for alternate living arrangements for yourself and your children.
B. Interim Stage : Your mandatory financial disclosures are due 20 days after the response or, if no response is filed, 40 days after the petition is filed. This is often the most difficult, stressful time of the case. You are often without specific arrangements as to the children and the finances, and sometimes a contested “temporary orders” hearing is required. In many cases, you will need to take a “parenting after divorce” class. If you have financial disputes, your attorney often undertakes financial “discovery” processes during this time. Also, you should be in the process of putting together some concrete plans on your settlement goals, including your post-divorce living arrangements. This is also a good time to be meeting with a good CPA and/or financial adviser to help with the financial planning.
C. Final Stage : In a best-case scenario, this occurs 2-4 months after the initial filing. This period involves negotiating and, hopefully, signing a settlement agreement, called a “separation agreement” and, if you have children, a “permanent parenting plan”. If you and your spouse are not able to reach agreements, you may engage in mediation and possibly, a final hearing in front of a judge, called “permanent orders”. At various stages in advance of the final hearing, you must disclose any expert witnesses’ reports (60 days), the special advocate’s report is due (typically 30 days), you must have a pre-trial settlement meeting with your spouse and the opposing attorney (typically 10-20 days), and file a “trial management certificate” (10 days).
Ultimately, the biggest factor that drives the length of time you will have to go through the process is whether or not you and your spouse are able to resolve all of your issues, including the issues involving the kids, without the need for court hearings. The more contested your case is, the more you are subject to a crowded court docket, additional procedural demands such as depositions and witness evaluations and, of course, costs. Thus, it certainly behooves you to do all that you can to foster a sense of cooperation and compromise with your spouse, if at all possible. In the long run, settling your case quickly will save you money, stress, and emotional damage to your children.
Back to Articles & Links
|
|
