Arriving at the decision to divorce is seldom an easy journey. Unfortunately, the divorce process in Colorado is also legally challenging and complex, particularly for spouses who share children and have substantial marital assets. Additionally, Colorado courts require divorcing spouses to adhere to specific timelines, including mandatory waiting periods and filing deadlines.
However, the most significant factor in determining how long a divorce takes in Colorado is whether the spouses can achieve a divorce settlement agreement for an uncontested divorce or if their case requires a more complex and time-consuming divorce trial. Reach out to our proven divorce attorney in Denver, CO to discuss your case with a legal professional today in a free consultation.
Typically, when spouses file for a divorce in Colorado, one spouse files the petition, becoming the petitioner in the divorce process, while the other spouse is the respondent. There are no critical benefits or drawbacks in whether or not a spouse is the petitioner or the respondent, except that the petitioner chooses the court of jurisdiction if the spouses are separated and one spouse lives in another county or out of state. The petitioner also presents their arguments in court first if the divorce requires a divorce trial.
Less commonly, both spouses petition the court for divorce together, as co-petitioners, indicating their mutual agreement to the divorce, and their expectations for an uncontested divorce process.
Once the petitioner files for a Colorado divorce, there is a statutory requirement for a 91-day waiting period before the divorce can be finalized. Sometimes called the “cooling-off period,” the purpose of the waiting period is to prevent spouses from jumping into divorce after an argument without the time for careful consideration and the possibility of a reconciliation.
During the required 91-day waiting period, the divorce petition is formally served to the respondent, who then has 21 days to file their response. If the respondent spouse is out of state, they have 35 days to respond.
Although this period after filing for divorce is often described as a waiting period, it doesn’t mean that no progress is made on the case. During the required waiting period, both spouses typically meet with their attorneys to begin the process of disclosing their assets and debts and planning how the divorce should proceed, either as an uncontested divorce or a contested divorce.
An initial status conference is held within 42 days of the filing of the petition. At this conference, both sides evaluate the progress of their financial disclosures, request any additional paperwork from each spouse, discuss the need for mediation, and set deadlines for accomplishing an agreement or determining if a divorce trial will be necessary to resolve disputes.
The largest determining factor in how long a Colorado divorce takes is whether or not the divorce is an uncontested or contested divorce. In an uncontested divorce, the spouses are able to reach agreements on all required divorce terms, including the fair and equitable division of their marital assets and debts, a child custody agreement with a parenting-time schedule that meets the court’s standard for the best interests of the child, child support orders under the state’s income shares formula, and spousal support (alimony) when appropriate.
To reach an uncontested settlement agreement, spouses meet together with their attorneys to negotiate each term of their divorce, typically also attending one or more mediation sessions. A professional mediator offers creative solutions to common disputes.
When spouses agree on their divorce terms, they sign a divorce settlement agreement, which their attorneys bring to the judge in an uncontested divorce without the need for a trial. A judge typically signs the settlement agreement into binding, enforceable divorce orders unless they find it egregiously unfair to one spouse, not in the children’s best interests, or suspect that it was signed under duress.
A Denver contested divorce occurs when spouses are unable to resolve one or more disputes, necessitating a judge’s intervention to decide on their behalf. A contested divorce typically requires a trial, during which both sides present their arguments before the judge. A contested divorce is a more lengthy and complex process, which can take several months of preparation. Also, it depends on when the court can schedule the preliminary hearing and final trial. A judge may also require further mediation attempts, which can prolong the process.
A contested divorce often takes many months or even a year or more for spouses with many disputes or complex assets.
While an uncontested divorce can reach completion shortly after the 91-day waiting period if the spouses don’t have serious disputes or have no children and few assets, a contested divorce takes much longer. Additionally, common delays in the process sometimes occur, for instance, if the respondent fails to file their response within 21 days, or if the financial disclosure process becomes complicated with both parties requesting additional information, documents, and investigations into the possibility of hidden assets.
In both contested and uncontested divorces, spouses may require a temporary orders hearing. This puts legal arrangements in place for Denver child custody and spousal support if one parent is a lower earner or non-working spouse.
Each spouse in a divorce process must have their own attorneys to protect their best interests and provide experienced legal representation throughout the process to ensure that all filing details and paperwork requirements are met, and to ensure that the custody agreement and asset division meet the court’s standards in an uncontested divorce, or alternatively, to represent their client throughout the contested divorce process, including during the trial.
If you’ve determined that divorce is inevitable in your case, or you’ve received divorce papers from your spouse, call the experienced Denver divorce law firm of Ciancio Ciancio Brown, P.C. so we can quickly take action on your behalf, including to ensure that your divorce takes place in as timely a manner as possible.
The skilled family attorneys in Denver at Ciancio Ciancio Brown, P.C. understand the importance of closing a difficult chapter in your life so you and your family can move forward under the best possible circumstances.
