Reaching the decision to end the marriage is the most difficult aspect of divorce in Colorado or elsewhere, but the divorce process itself is also challenging. Undergoing the divorce process is less distressing when both spouses, their attorneys, and the court understand each party’s position on crucial aspects of the divorce, such as the division of marital assets, child custody, child support, and spousal maintenance (alimony).
In Colorado, the initial status conference (ISC) serves this essential function, so each spouse knows what to expect and their skilled Denver divorce attorneys have the information they need to strategize the best way forward for their client.
What Is the Initial Status Conference In Colorado Divorce Cases?
Attending the initial status conference may feel intimidating because it typically takes place in the courtroom of the judge of the petitioning spouse’s jurisdiction; however, it is not a hearing or a trial. Instead, it’s a far less formal, mandatory meeting or conference between the divorcing spouses, their attorneys, and the judge or a judge’s facilitator.
At the conference, neither side presents testimony or evidence. Instead, the meeting clarifies the process ahead, including the following:
- Presenting an overview of the divorce case and what it entails under the unique circumstances of the marriage, such as child custody, asset division, and alimony
- Establishing future objectives
- Setting deadlines for all preliminary aspects of the divorce
- Determining briefing schedules
- Setting a date for a mediation meeting
- Ensuring all parties are following the procedural process, such as the progress of the financial disclosures and the requirement for divorcing parents to attend parenting classes
- Setting the final court date
Also at the initial status conference, the judge or court facilitator asks about the spouse’s progress on a settlement. The meeting helps the court determine whether the spouses are making a fair attempt to reach a settlement agreement for an uncontested divorce, or whether the case is likely to become a contested divorce requiring a full trial rather than a simple hearing.
The ISC and Emergency Orders In a Colorado Divorce
The judge or court facilitator may also ask each spouse to speak about their position on divorce issues to understand the case better; however, it’s important to note that no decisions are made based on what spouses disclose during the ISC. It’s crucial for each spouse to present the issues calmly and factually and to remain silent when the other spouse speaks, even when they disagree with their viewpoint.
If one spouse requires emergency orders for child support, child custody, or spousal support, these issues are often covered during the ISC.
When Does the Initial Status Conference Take Place During a Colorado Divorce?
Once the petitioner files for divorce within their jurisdiction, the court sets the date for the initial status conference. The court must set the meeting date within 42 days of the filing date of the divorce petition. The meeting takes place after the respondent files their response and both parties have made full financial disclosures. Each spouse’s financial disclosure must include a sworn financial statement, a supporting schedule of assets, and a certificate of compliance.
Completing the disclosure process before the ISC is imperative to provide a complete picture during the overview of the process ahead.
Speak to Your Colorado Divorce Lawyer About the Initial Status Conference
The ISC often sets the tone for the divorce process ahead. Your family law attorney will assist you with any questions you have about your initial status conference to ensure that you are well-prepared for the process. Contact us for legal help today.