How Long Does A Divorce Take In Colorado
How Long Does a Divorce Take in Colorado?
The duration of a divorce in Colorado varies significantly based on the complexity of the case and whether it is contested or uncontested. On average, an uncontested divorce can be finalized in as little as 90 days, while contested cases often take a year or more.
Key Factors Influencing Timeline
Several elements impact how long your divorce will take. The court's caseload, the complexity of asset division, and whether children are involved all play major roles. Cooperation between spouses is the biggest factor in speeding up the process.
The Legal Process
- Filing the initial petition and serving the other spouse.
- A mandatory 91-day waiting period from the date of service.
- Negotiating and settling financial and parenting matters.
- Attending final hearings and receiving the decree.
Even the simplest divorce cannot be finalized before the state's 91-day waiting period elapses, making this the absolute minimum timeframe.
Uncontested Divorce Timeline
An uncontested divorce, where both parties agree on all terms, is the fastest path. After the mandatory 91-day waiting period, it can often be finalized quickly if paperwork is properly completed and submitted.
- Both spouses sign a separation agreement.
- Financial affidavits and parenting plans are filed.
- The court reviews documents without a trial.
- A decree of dissolution is issued shortly after the waiting period.
Contested Divorce Timeline
A contested divorce, with disagreements on assets, support, or parenting, takes considerably longer. This process involves formal discovery, negotiations, and potentially a trial, extending the timeline to over a year.
- Formal discovery and depositions are conducted.
- Mediation or settlement conferences are often required.
- Multiple court hearings may be scheduled.
- A final trial date is set if no agreement is reached.
Potential Delays and How to Avoid Them
Even a seemingly straightforward divorce can face unexpected delays that prolong the process. Common obstacles include missing court deadlines, incomplete financial disclosures, and disputes over minor details.
- Ensure all financial affidavits are accurate and complete to prevent back-and-forth with the court.
- Respond promptly to all requests from your attorney and the court to keep the process moving.
- Consider using a mediator early on to resolve disagreements outside of formal court hearings.
Speeding Up Your Colorado Divorce
While the 91-day waiting period is mandatory, you can take proactive steps to ensure your divorce is finalized as soon as possible thereafter. Organization and cooperation are key to an efficient process.
- Gather all necessary financial documents before filing the petition.
- Work with an experienced family law attorney to ensure paperwork is filed correctly the first time.
- Be flexible and willing to compromise on non-essential issues to avoid protracted negotiations.