Introductory Guide To A Dissolution Of Marriage
For many people, the process for a dissolution of marriage (Colorado’s term for a divorce) is unfamiliar. This guide is intended to give an overview of the steps to getting a dissolution in Colorado. Because each case is different, your divorce may involve all of these steps or only some of them.
The first thing you should do is hire an attorney. It is important that you feel comfortable with the attorney you hire. You can ask friends and family members for recommendations, or seek out online reviews of attorneys.
In every dissolution of marriage, there are at least five issues that need to be resolved: (1) parenting time and decision-making; (2) child support; (3) maintenance (spousal support); (4) division of property and debts; and (5) attorneys’ fees (if appropriate). Early in the case, your attorney will discuss all of these items with you to determine what your goals are.
After meeting with you, your attorney will prepare and file a Petition for Dissolution of Marriage with the court. Your spouse will then be served with a copy of the Petition, and will have 21 days to file a Response.
The court will set a date and time for an Initial Status Conference (or ISC). This is generally done automatically on the same day the Petition is filed. You are required to be present for this hearing, which is a brief appearance before the judge. At that hearing, the judge will ask if financial disclosures have been completed, and will also ask if temporary or permanent orders hearings need to be set. If both you and your spouse have hired attorneys, you may be able to waive out of the Initial Status Conference.
Within 42 days after your spouse is served, you and your spouse must exchange mandatory financial disclosures. These include a Sworn Financial Statement, bank statements, pay stubs, and other financial documents. Because the list is quite lengthy, you should begin gathering these documents as soon as possible.
After the Initial Status Conference, your attorney may send discovery requests to your spouse, requesting additional financial documents. Either party may also schedule depositions, which involve questioning of witnesses under oath. Your attorney will also schedule and prepare for mediation, which is required in all family law cases in Colorado. Mediation is an informal process, and uses a third party to assist the parties in negotiating a settlement. If both parties are getting along, the attorneys may also negotiate between themselves, thus avoiding the need for mediation.
If the parties reach an agreement, they can file a Stipulation with the court, and request that the Court enter the Decree of Dissolution without a court appearance. The court cannot sign the decree until the 92nd day after the petition was served.
If you are unable to reach an agreement with your spouse during mediation, both sides will prepare for a Permanent Orders Hearing. Depending on the complexity of your case, this may involve taking depositions or issuing subpoenas. At the hearing, the attorneys will give opening and closing statements, present documents and witness testimony as evidence, and cross-examine the other party’s witnesses. After all of the evidence is presented, the judge will enter written orders and sign the Decree of Dissolution.
Are you ready to file for a dissolution of marriage, or have you been served with a Petition? Contact Katelyn B. Ridenour for assistance with your dissolution.