When considering divorce in Colorado, one of the most common questions is: “How long will this process take?” The answer can vary greatly depending on several factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the cooperation between the parties. Understanding the timeline and factors that can influence the duration of a divorce will help you set realistic expectations and plan accordingly.
The Minimum Waiting Period for Divorce in Colorado
Colorado law requires a minimum waiting period of 91 days from the date the divorce petition is served on the other party (or 91 days from the date the other person signs the waiver of service). This waiting period is mandatory and applies to all divorces, regardless of the circumstances or how quickly the parties reach an agreement.
Here’s what this means in practical terms:
The 91-day period begins when the obtains jurisdiction over the respondent.
Even if both parties agree on all terms of the divorce immediately, the court cannot issue a final decree until this period has passed.
This waiting period is designed to give both parties time to reflect on the decision to divorce and to allow for any necessary negotiations or mediation to reach a fair agreement.
Factors That Can Affect the Length of a Divorce in Colorado
While the minimum waiting period is set by law, the actual duration of a divorce can vary widely. Here are some factors that can influence how long your divorce may take:
Contested vs. Uncontested Divorce:
Uncontested Divorce: If both parties agree on all aspects of the divorce, including property division, child custody, spousal support, and other issues, the process is usually much faster. In an uncontested divorce, the case can often be resolved shortly after the 91-day waiting period.
Contested Divorce: If the parties cannot agree on key issues, the divorce becomes contested. A contested divorce often involves more court hearings, discovery (exchange of information), expert reports, and possibly a trial. This can extend the divorce process by several months or even years.
Complexity of Issues:
Divorces involving complex issues, such as high net worth assets, business ownership, or complicated child custody disputes, may take longer to resolve. These cases often require additional time for financial evaluations, expert testimony, and negotiations.
Court Schedules and Availability:
The court’s schedule and the availability of judges can also impact the timeline. In some counties, the court's docket may be crowded, resulting in delays in scheduling hearings or trials.
Cooperation Between the Parties:
The level of cooperation between the spouses is a significant factor. If both parties are willing to negotiate and compromise, the process can move more quickly. Conversely, if there is significant conflict or a lack of communication, it can cause delays.
Mediation and Alternative Dispute Resolution:
Colorado courts often encourage mediation or alternative dispute resolution (ADR) to help resolve issues without going to trial. While mediation can add some time to the process, it often results in a faster resolution compared to litigation.
The General Timeline for Divorce in Colorado
To give you a clearer picture of how long a divorce might take, here’s a general breakdown of the typical timeline:
Filing the Petition (Day 1):
The divorce process begins when one spouse files a petition for dissolution of marriage with the district court in the county where either spouse resides. If children are involved, the petition must be filed in the county where the child(ren) reside. The other spouse, known as the “respondent,” must be officially served with the petition.
91-Day Waiting Period (Day 1-91):
The mandatory 91-day waiting period begins once the petition is filed and the respondent is served. During this time, the parties may start negotiating settlement terms, exchange financial information, and begin mediation if necessary.
Initial Status Conference (Around Day 42 days):
In most Colorado counties, the court will schedule an Initial Status Conference (ISC) within 42 days of filing. The ISC is a meeting between both parties (and their attorneys if represented) and a court facilitator or judge to discuss the case’s progress, set deadlines, and determine if any temporary orders are needed.
Financial Disclosures:
The parties are required to disclose their finances to the other party within 42 days of filing the petition. This includes both parties filing their Sworn Financial Statement (JDF 1111) and Certificate of Compliance with Mandatory Financial Disclosures (JDF 1104) to the court, and exchanging supporting financial documents including, but not limited to, pay stubs, bank and credit card statements, investment and retirement statements, property values, and more. See Form 35.1 (JDF 1125) for complete list of required disclosure documents.
Discovery and Negotiation Phase (63 days before trial)
If the case is contested, both parties engage in discovery, which involves exchanging additional financial documents, property appraisals, custody evaluations, and other relevant information. This process must start no later than 63 days before the Permanent Orders Hearing. Negotiations or mediation may occur during this time to attempt to reach an agreement.
Settlement or Pre-Trial Conference (After Day 91):
If the parties reach an agreement on all issues, they can submit a proposed settlement to the court for approval. If not, a pre-trial conference may be scheduled to discuss any unresolved matters and prepare for trial.
Trial (3-12 Months or Longer):
If the case proceeds to trial, the timeline can be significantly extended. The court will schedule a trial date, which may be several months away due to court availability. During the trial, both parties present their evidence and arguments, and the judge makes final decisions on all contested issues.
Final Decree of Divorce (After Trial or Settlement):
Once all issues are resolved, either through settlement or trial, the court will issue a Final Decree of Dissolution of Marriage, officially ending the marriage.
How to Speed Up the Divorce Process in Colorado
While some delays are beyond your control, there are steps you can take to help expedite the divorce process:
Reach an Agreement Early: If possible, work with your spouse to agree on all key issues early in the process. An uncontested divorce is usually much faster than a contested one.
Provide Complete and Accurate Information: Ensure that you provide all required documents and financial disclosures promptly and accurately to avoid delays in discovery.
Consider Mediation or Collaborative Divorce: Mediation and collaborative divorce can often resolve disputes faster than going to trial, saving both time and money.
Hire an Experienced Attorney: A knowledgeable family law attorney can guide you through the process efficiently, help you avoid common pitfalls, and negotiate on your behalf to reach a resolution more quickly.
What to Do If Your Divorce Is Taking Longer Than Expected
If your divorce is taking longer than you anticipated, here are some steps to consider:
Communicate with Your Attorney: Ask your attorney for a clear understanding of the factors causing delays and any potential steps to move the process forward.
Stay Engaged in the Process: Promptly respond to all requests for information and participate in negotiations or mediation sessions.
Manage Expectations: Understand that some delays are inevitable, especially if the case is contested or involves complex issues.
Conclusion: Every Divorce Is Unique
While the minimum waiting period for a divorce in Colorado is 91 days, the actual time it takes to finalize a divorce can vary greatly depending on the specific circumstances of your case. Factors such as whether the divorce is contested or uncontested, the complexity of the issues involved, court availability, and the cooperation between the parties will all influence the timeline.
By understanding the process, preparing effectively, and seeking the guidance of an experienced family law attorney, you can help ensure your divorce proceeds as smoothly and quickly as possible.
Need Help Navigating Your Colorado Divorce? Contact Us Today!
If you’re considering divorce in Colorado and want to understand your options and timeline, our experienced family law attorneys are here to help. Contact Creager Legal today for a consultation and learn how we can guide you through every step of the process, protecting your rights and helping you achieve the best possible outcome.
Comments