The decision to divorce is rarely fast or impulsive. Typically, the journey to divorce takes months or even years before one or both spouses determine that divorce is the inevitable end of their marriage. While making the choice may take a long time, with many second thoughts and attempts at reconciliation, the divorce itself doesn’t have to take long. Reach out to one of our trusted Denver divorce attorneys and discuss your legal options today.
However, under Colorado’s divorce law C.R.S. 14-10-106, it takes at least 91 days from the date the petition is filed before a judge will finalize the divorce.
Why Is There a 91-Day Waiting Period For Divorce In Colorado?
Colorado has several prerequisites for divorce, including the requirement that at least one spouse has lived in the state for at least 91 days before filing. Then, the state has a mandatory 91-day waiting period.
This waiting period is sometimes called a “cooling-off period,” meant to give spouses time to reconsider their divorce. It also allows time for tensions to dissipate, potentially making it easier to reach a settlement agreement and an uncontested divorce.
An Uncontested Divorce Is the Fastest Way to Divorce In Colorado
If both spouses can agree to communicate and compromise effectively, they can achieve a fast, low-conflict divorce through an uncontested process. During the 91-day waiting period, both spouses must make full financial disclosures to meet the court’s requirement for the “fair and equitable” division of their assets and debts.
Both spouses must retain separate attorneys and then attend one or more negotiation meetings with a professional mediator who offers solutions to resolve any disputed divorce terms. The required divorce terms in Colorado include the following:
- Asset and property division in a way that’s fair to both spouses if not precisely 50/50
- Child custody and a workable parenting time schedule that meets the state’s requirement of the child’s best interests
- Child support under the state’s guidelines
- Spousal support (alimony) in some cases, depending on the circumstances and whether one spouse seeks or offers support. Our alimony attorney in Denver can help walk you through the legal steps.
To get a quick divorce in Colorado, spouses must reach mutually acceptable agreements on all of the above terms. The attorneys draft the settlement agreement and take it to the judge within the spouses’ jurisdiction.
In most cases, the judge signs the settlement agreement into binding divorce orders. A judge will only reject the agreement if it doesn’t meet the state’s requirements, if it’s egregiously unfair to one spouse, or if they suspect it was signed under duress.
When divorcing spouses reach a settlement agreement, they can achieve their divorce at the end of the 91-day waiting period.
What Is a Collaborative Divorce In Colorado?
Some Colorado spouses who want a quick, low-conflict divorce agree to a collaborative divorce process. A collaborative divorce requires both spouses to sign an agreement that they will not go to court, but will instead work out a settlement agreement by collaborating on their divorce terms through meetings with their attorneys and professional mediation.
If both spouses are open to compromise and can effectively discuss solutions to any disputed terms, they can achieve their divorce at the end of the 91-day waiting period. Call Ciancio Ciancio Brown for a free case evaluation at (303) 451-0300.