- June 17, 2024
- Divorce
Beginning a New Chapter Takes Time
Patience Is a Virtue
More often than not, undoing something is significantly more complicated, and time consuming, than doing it. This is especially true when it comes to divorce in Colorado. Getting married is easy (if you avoid elaborate and long-term planning). In fact, you can get a marriage license in about 20 minutes if you make an appointment at your local county clerk’s office. Once you have the license in hand, the world is your oyster — but you must sign and file it within 35 days of receiving it.
Unfortunately, if you have determined that your marriage is over, filing for divorce and finalizing divorce takes much longer, is more complex, and requires the guidance and counsel of an experienced Denver divorce lawyer.
Recognizing and accepting the time frame for divorce and understanding the steps necessary to achieve this end can be incredibly helpful.
Knowledge is powerful and understanding what to expect can help alleviate some of the stress and anxiety associated with ending a marriage. Knowing how long it takes to file for divorce in Denver will allow you to set realistic expectations regarding your legal proceedings and plan your life accordingly.
Divorce Timing in Colorado
Individuals looking to end their marriage through divorce are typically anxious with regard to time. While planning a wedding is filled with excitement and anticipation, the time spent waiting for a divorce to become final is significantly less enjoyable. Finalizing the divorce allows individuals to turn to the next page in their lives. Keep in mind that in order to file for divorce in Colorado, you must be a resident of the state for at least 91 days. If you are not, you would need to establish residency prior to filing, a fact that could hamper your desire for a quick divorce.
Colorado law mandates a 91-day waiting period for a divorce.
The clock begins ticking on this timeline once the court receives, from both spouses, signed divorce papers. So, in reality, the minimum time is likely to be more than 91 days.
Additionally, those couples who have previously filed for a legal separation have to wait six months from the date of their separation to file for divorce. The minimum time frame for divorce for these couples is 9 months.
In reality, even if the divorce is uncontested, the process from start to finish is likely to take about 4 months to complete. And, for those in more contentious situations, the timeline will be longer, and in some cases, more than 12 months.
Steps to Finalizing Your Divorce
The first step in divorce should be to engage a skilled and reputable Denver divorce attorney. The guidance and counsel this professional can provide will help the process move more smoothly and will safeguard your future. Your divorce lawyer will:
File Your Divorce Petition: Couples filing for an uncontested divorce must file two forms (Petition for Dissolution of Marriage or Legal Separation and a Case Information Sheet). Couples filing for an uncontested divorce can file their petition jointly, which is a more efficient process. On the other hand, in the case of a contested divorce, the individual filers must also complete a Summons for Dissolution of Marriage or Legal Separation. This document will be served on their spouse. If their spouse is difficult to locate, the process will, of course, take longer. Once they have received the summons, they have 21 days to respond.
Disclosure of Financial Information: After your spouse receives the divorce petition, there is a period during which all financial information (detailed on Form 35.5 (JDF1125)) must be exchanged. During this time, a Certificate of Compliance with Mandatory Disclosures, a Sworn Financial Statement, and Supporting Schedules of Assets must also be provided.
Initial Status Conference (ISC): This is the first official court appearance, where documents will be submitted, pertinent issues raised, and a further timeline will be established. While these documents are requested within a certain timeline, the timeline can be extended if needed be. That said, 42 days after you file your divorce petition your ISC will be scheduled. During this conference you will be provided with a general idea of how long your divorce should take. Be aware, this is only an estimate, and any number of issues could arise that could cause delays.
Temporary Orders Hearing: This step is not applicable to all situations but may be necessary if one spouse has been financially responsible for the family or if there are children involved.
Discovery: During this process, the court will determine if they have all of the information they need. Additional documents may be requested and either party may be questioned under oath to ascertain relevant information.
Divorce Mediation/Negotiation: This action is sometimes required to resolve areas of disagreement and is the basis for the initial 91-day waiting period. This would be scheduled prior to the final divorce hearing in hopes of avoiding a trial. If you need to go to trial, the process will take longer.
Final Hearing: At this time, each of the attorneys have the opportunity to present evidence to determine child custody and visitation, along with all financial issues. In contentious situations, this step can be incredibly time consuming.
Dissolution of Marriage: Occurring at the conclusion of the final hearing, the dissolution of marriage and any support orders will be entered into the record, and you will formally be divorced.
After the 91-day waiting period, if all steps have been taken, your divorce can be finalized. In instances where the situation is simple and divorce is amicable, it is likely the process could conclude in three to four months. However, in reality, most couples have at least some issues that require a longer time frame from start to finish.
Price Family Law Manages Divorce Cases Efficiently
We Appreciate the Value of Time
Time is a valuable commodity, both in business and in life. As experienced family attorneys, Trista Price and her team appreciate their clients’ desires to minimize the time it takes to finalize a divorce and understand they are anxious to put the past behind them and start anew.
Unfortunately, divorce is not instantaneous; Colorado law has mandatory time frames in place to which all must adhere. In general, if your situation is simple (perhaps no children, no significant assets) and amicable, a no-contest divorce can be completed more quickly (just after the 91-day minimum waiting period). In cases like this, divorce mediation may be your best option as it tends to be more efficient.
We Are Ready to Help You
Trista Price and her team are well-versed in Colorado law and well-aware of the emotional impact that deciding to divorce and going through the process can have on those involved. They are committed to safeguarding your future while helping you to finalize your divorce as quickly as possible. That said, they recognize that there are issues that simply take more time to settle. High-net-worth families and couples grappling with custody, support and visitation decisions may face a longer timeline from beginning to end.
Price Family Law can help you with all aspects of your divorce, including asset valuation, alimony, child custody, and parenting time, to name just a few. We are well known in Denver and the surrounding areas for our approach to service. When you engage Price Family Law, we provide you with the same high-quality, attentive service we give to our family. We take time to completely understand your personal situation, paying close attention to the details. Our understanding that no two divorce situations are identical is the cornerstone upon which our service philosophy is based. We don’t take on cases . . . we serve individuals.
The team at Price Family Law is ready to go to work for you immediately. We place a high priority on the value of connection, so we offer all clients a free consultation. During this meeting you can see, firsthand, how we communicate and learn how we would approach your divorce. Contact us today at 720-615-1750 to schedule yours.
