As expected most couples that are going through the process of divorce would like for the process to be over quickly. There are some things that a couple that would like to speed up the process of divorce can do so the process can be over sooner rather than later. For example, a couple can decide on matters such as division of assets and child custody without having to go through litigation they can shorten the process. However, the state of Colorado has set a certain time limit for divorce proceedings.
In Colorado, it can take a period of six to nine months for a divorce to be completed at the fastest. Of course, it will depend on the issues involved in your divorce and whether both parties can agree on all issues.
When you hire an attorney that knows the law and the process of divorce they will be responsible for ensuring that you follow the court's requirements. Your divorce attorney will advise you on what to do and how you can resolve your situation in a timely manner.
Colorado’s Divorce Timeframe
It is important to note that even before you get started on the divorce process it is necessary for you to be a resident of the state of Colorado for at least ninety days before you can file for a divorce. Below are some of the procedures involved in a divorce and the time frames involved.
The Initial Filling and Service
For the proceedings of divorce to begin, it is necessary for you to file the divorce petition with the court and then proceed to serve your spouse with the divorce papers. When your spouse has been personally served there is a 91-day waiting period as the court makes a decision on your request for a divorce.
From the initial date that you file for divorce, the court will give you and your spouse a period of forty-two days so you can submit the necessary financial details. If the courts grant permission it is possible for the deadline to be extended.
An Initial Status Conference
Within a period of six weeks or forty-two days of filing for divorce, it is required that you and your spouse attend the initial status conference (ISC). The ISC meeting is mandated by the law and is important.
The court can issue a temporary order after the ninety-one-day waiting period is over. The temporary order can be issued so issues such as child support, alimony or spousal support, attorney fees, the temporary use of the marital home as well as other relevant issues can be resolved.
After the case is filled you and your partner are required to engage in settlement efforts. Couples carry out settlement offers such as mediation and parenting class. As they are carrying out the settlement efforts there are couples that find out they will not be able to resolve disputes by themselves and as a result, they move the divorce to trial. When you through the litigation process the divorce process can be extended to a period that is more than a year.
However, couples that have an amicable relationship during the divorce process are able to successfully go through mediation and settle their issues. They can be able to come up with a divorce agreement and the court will be responsible for approving it as a final order.
The Final Hearing
After the ninety-one days period is over the court will then schedule a final hearing. The hearing can as well take place much later after a period of ninety-one days. During the final hearing, you and your partner will find out if the family judge has finalized the dissolution of your marriage.
Factors That Can Increase How Long it Takes to Get a Divorce
There are factors that will lead to the delay of your divorce in Colorado. Below are some of those issues.
The Stand of Both Parties
How amicable and cooperative both spouses are will be essential to ensuring the divorce process is short. When you are going through an uncontested divorce in Colorado some courts may require an affidavit from the court so they can eliminate the need for there to be a hearing. The mediation process helps to speed up the contested divorce. When parties are either uncooperative or have an extremely emotional attitude the process may not proceed smoothly.
Issues of Contention
Family matters that are highly disputed such as shared assets or marital properties, child custody and parental responsibility, and spousal support or alimony can take longer to resolve. The divorce process can take especially longer in the case where the couple was together for a long time.
To avoid the divorce process lasting longer than it should the couple should have a pre-nuptial or post-nuptial agreement that outlines the arrangement of issues by the couple.
Converting Legal Separation to Divorce
Legal separation affects the divorce process. In Colorado, legal separation and divorce are considered to be different even though they may seem similar. One of the biggest differences is that the parties that are still married according to the law are legally separated while being divorced means that the marriage has been dissolved.
Representation During Trial
It is possible for you to file for a divorce and as well represent yourself in court throughout the entire divorce case or you can opt to hire a divorce lawyer to represent you during the case. Representing yourself can be budget-friendly. Even so, when you hire a divorce attorney it will come with a myriad of benefits. The attorney that you will hire can answer the many questions that you have about divorce in Colorado and as well advise you.
So you can make an informed decision on what is the best option for you we are going to list the benefits of hiring a divorce attorney and the benefits of representing yourself.
The Benefits of Hiring a Divorce Lawyer to Represent You
Divorce is a new and foreign process for most, but with the help of a divorce attorney navigating through the process becomes easier. A divorce lawyer has most likely handled many cases similar to yours and represented a variety of clients. Because of this reason, they have sufficient knowledge about how the court system work and will know how to complete the Divorce papers and forms in Colorado.
The divorce process can be an emotional journey, but during this time you can depend on the objective advice of your lawyer. Your attorney will act as an unbiased party in the journey to getting you to help you get a favorable outcome in your divorce case. Your divorce lawyer will negotiate with the other party on your behalf.
Your lawyer will provide you with professional and carry with them experience for dissolution of marriage in Colorado forms. You can be able to remove the frustration and headache that come with completing the numerous divorce forms when you hire a divorce lawyer to take care of it for you. The lawyer that you hire will know how to file for divorce in the state of Colorado, which can lead to it taking less time to resolve.
The Cons of Self-Representation
One of the major benefits of self-representation is saving on divorce costs. However, you should note that it is possible for you to receive less favorable terms of the divorce as a result of not hiring an attorney.
As a result of self-representation, you will be able to keep your personal matters to yourself during the divorce hearing. If you are an individual who highly appreciates privacy you can keep information about your income and other details pertaining to your divorce between you and the court. However, you should note that the details that you share with your divorce attorney are highly confidential.
If you are planning a petition for divorce and you need legal representation from a divorce attorney we offer you legal services. Call a family lawyer in Colorado Springs from The Law Office of Jeanne M. Wilson & Associates today and let us help in easing and speeding up the dissolution of marriage for you.