The Initial Status Conference and Early Stages of the Divorce Process
Brandi Petterson - Colorado Divorce Lawyer
If you have filed for divorce and are now wondering what the next step is, the following addresses what you can expect to happen in the early stages of the divorce process.
The commencement of a dissolution of marriage case occurs when one party, referred to as the Petitioner, files a Petition for Dissolution of Marriage, Summons, and Case Information Sheet.   The filing of these initial pleadings grants the Court jurisdiction over the Petitioner in the case. However, the Court does not have jurisdiction over the person whom the Petitioner is divorcing, referred to as the Respondent, until personal service upon him or her occurs. The preferred entities to use in order to accomplish service include a private process server or a deputy from your local sheriff’s department.
Regardless of whether the Petitioner has accomplished personal service over the other spouse, the Court will issue a Case Management Order shortly after the initial pleadings are filed. The Case Management Order is very important and should be read closely by both the Petitioner and Respondent, collectively referred to as the “parties.†Among the many provisions set forth in the Case Management Order, some of the most important include the date and time for your Initial Status Conference and timeline for exchanging mandatory financial disclosures. If the Petitioner and Respondent have children together, then the parties should pay close attention to the portion of the Case Management Order that provides instructions for completing a parenting class.
So what happens at the Initial Status Conference? The Initial Status Conference is a Court date, and both parties are required to appear. Every jurisdiction conducts its status conferences pursuant to its own procedures.  In some counties, magistrates conduct the conferences; in others, the family court facilitator will conduct the conferences. The clerks who work for the Judicial Officers may also conduct the status conferences.  Whether you appear before a magistrate, court facilitator, or clerk may depend upon whether either party is represented by an attorney.
Despite where you filed for divorce and whom you appear before for your conference, the same common issues are frequently addressed at all conferences. Mainly, the Court wants to know what the “status†is of the case.  The questions you are likely to be asked concern whether the parties have exchanged the mandatory financial disclosures; whether the parties have completed their parenting class, if children are involved; and whether the parties believe they will be able to resolve their issues amicably or whether any issues will be contested. The Court may ask whether the parties intend to attend mediation to resolve any contested issues.Â
Overall, while the Initial Status Conference is an actual court date, the purpose of the conference is, quite simply, to determine the status of the case.   The best way to prepare for an Initial Status Conference is to complete your financial disclosures and parenting class prior to appearing for you conference. It is important to think about the issues that you and the other party are facing, such as allocating parenting time, dividing assets and debts, spousal maintenance, and child support.   While having to appear in Court may seem intimidating, being prepared will certainly assist you and help the process go smoothly.
(3 votes, average: 4.67 out of 5)
Loading ...