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The Divorce Process Colorado is a no-fault divorce state. This means that:
A divorce is started by the filing of a Petition for Dissolution of Marriage. This is a legal document that provides the Court information regarding the marriage and the issues that need to be resolved. Once the Petition and a Summons are filed in the Court and served on the other party, there is a 90-day waiting period to obtain a divorce. During this time, the case is overseen by the court and managed pursuant to rules enacted by the legislature. The Court will conduct periodic status conferences to ensure the case is moving toward completion and to assist the parties in resolving any issues that arise during the process. To review the general rules concerning case management, click here: http://www.courts.state.co.us/supct/rules/2004/2004(19)corrected.doc Note that the judge assigned to your case may issue additional case management orders, which must be followed. During the 90-day waiting period, the parties exchange disclosures and attempt to resolve all outstanding issues. Most cases are resolved through negotiation and compromise, oftentimes with the assistance of a mediator. Subsequent to the filing of the petition and service upon the other party, but before the entry of the decree of dissolution of marriage, either party may ask the Court to enter "temporary orders." Temporary orders are orders entered by the Court following a hearing concerning disputed issues, such as temporary parental responsibility, temporary child support, temporary maintenance, temporary payment of debts and temporary use of property, including the marital residence. Temporary orders remain in place during the dissolution process unless otherwise modified, and temporary orders expire upon the entry of a decree of dissolution of marriage and permanent orders. The Court will normally set a temporary orders hearing for approximately two hours, with each side having 45 minutes to one hour to present their case. In the event the parties are unable to reach agreement on all issues arising out of the marriage and a hearing will be required for permanent orders, certain disclosures are required. For example, at least 60 days prior to hearing you must disclose to the other party the name, address, telephone number, and brief summary of the testimony of any witnesses that you intend to call. If there is a need to present expert testimony, the disclosure must also contain the expert's report. Experts are typically used to value residences, businesses and other property, to testify concerning employability and to testify concerning the children's best interests. Likewise, it is important to disclose any and all witnesses who may be called to testify on any unresolved issue. Failure to properly disclose expert and lay witnesses as required by statute may result in the Court not allowing such witnesses to testify. At least 20 days prior to the permanent orders hearing, the parties and their counsel are required to meet in order to address all issues relevant to the case, stipulations, anticipated witnesses, estimated hearing time, and to exchange all exhibits for inspection and to pre-mark all exhibits. Such exhibits must be presented to the opposing party in advance of any hearing. Failure to provide the other party a copy of any exhibit may result in the Court prohibiting the exhibit from being considered by the Court. As you can see, the process can be complicated if all issues are not resolved by agreement. We can assist you in the process so you understand your rights and responsibilities and are prepared to work towards an agreeable outcome at this difficult time.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Our firm practices and is admitted to practice only in Colorado. The information contained on this website is unique to Colorado. |
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