Divorce is one of the most difficult times in a person’s life. The changes come fast and furious and are often beyond your control. There’s no shame in asking for help. Help may come from family, friends, lawyers, doctors or clergy. Whatever the source, make use of it – they really do want to help.
Colorado divorce cases are initiated with the filing of Petition for Dissolution of Marriage. The Petition must be served on the other party, who then has the chance to file a Response to the Petition. In a divorce petition, a party identifies the issues in the case, including:
Most judges will immediately set your divorce case for an Initial Status Conference upon the filing of the Petition. This means a family law court date may be set in your case even before the other spouse is served with a copy of the divorce paperwork. If you’re the spouse being served, it is important to check with the court clerk to determine if a court date has already been set.
The Initial Status Conference can be a very useful appearance, if you’re prepared for it. Unfortunately, many parties come unprepared and, as a result, their divorce case must be set over for yet another status conference, wasting valuable time and resources.
Being prepared for the Initial Status Conference in your Colorado divorce case means different things, depending on the issues. Generally, the court wants to see completed Sworn Financial Statements, including an exchange of all the required attachment, and a Stipulated Case Management Plan. While most courts will not issue orders, like child support or temporary maintenance orders, it can often be a good idea to come prepared to discuss these issues in order to get the divorce court’s help resolving them.
At the Initial Status Conference, the Court may determine that your case requires a Temporary Orders Hearing. Some divorce courts will require a written motion from one of the parties before they set a Temporary Orders Hearing while other courts will set temporary orders on their own motion. A Temporary Orders is a chance to get the court to issue interim orders, like child support, parenting time, maintenance, payment of marital debt, or attorney fees. Interim orders are orders that are valid while you wait for your permanent orders hearing.
Colorado has a 90-day waiting period following service of the Petition before a family law court may grant a divorce. After the 90th day, the divorce court may set your case for a permanent orders hearing, where the judge will listen to testimony, view evidence and issue findings of fact and conclusions of law. Finally, the judge will sign a Divorce Decree and the marriage will be over.