Colorado Divorce Procedures
In this state, a divorce is referred to as a Dissolution of Marriage. There are 3 ways in which the divorce procedure in Colorado can be executed.
- Uncontested - By agreement
- By contest
- By default
Initial stage of Colorado Divorce Procedure
- One divorcing partner files the Summons and Petition in the court and then serves these documents to the other divorcing partner
- The other divorcing partner is given 20 days to file a Response from the date of service. If the service is done outside the state, then 30 days are allocated
- It is expected that within this time span, the divorcing partners should locate financial papers, inventory the assets and start to plan alternate living arrangements for self as well as the child(ren)
- As per the statute, from the date of service minimum 90 days period should pass by after which, the divorce decree might be issued
Middle stage of Colorado Divorce Procedure
- If the Response is filed, then it is compulsory that financial disclosure must be done within 20 days after the Petition was filed
- If no Response is submitted in the court, then it is mandatory that financial disclosure should take place within 40 days after filing of the Petition
- It has been observed in several cases that during this stage, the divorcing partners do not have particular arrangements regarding the financial stage or the children. Hence, they opt for a contested temporary orders hearing
- In case the divorcing partners have conflicts regarding financial issues, then, the respective lawyers execute financial discovery procedure in this state
- If the divorcing partners have child(ren), they may undergo a parenting after divorce class
- This is the proper stage when the assistance of a financial advisor should be taken regarding financial planning
- The post-divorce living arrangements must be sorted out in this stage
Last stage of Colorado Divorce Procedure
- It has been seen that usually after 2 to 4 months after the initial filing, the last stage of divorce begins
- In the last stage, it is expected that the divorcing partners should negotiate and sign a settlement agreement known as a separation agreement. Additionally, if the divorcing couple has child(ren), it is essential to draft a permanent parenting plan.
- When the divorcing partners fail to draft an agreement, then the option of divorce mediation is open
- If mediation does not work out, then the only way is to have a final hearing in the presence of a judge
- At least 60 days prior to the final hearing, the expert witnesses reports must be revealed
- Generally 30 days before the final hearing, the special advocate’s report must be submitted
- Typically 10 to 20 days prior to the final hearing, there must be a pre-trial settlement meeting of the divorcing couple and the opposite lawyers
- It is essential to file a trial management certificate minimum 10 days before the final hearing
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