One of you will file a petition asking the court to dissolve the marriage and decide the issues of parental responsibility allocation, parenting time, child support, spousal maintenance, division of property and division of debt.  That person will be called the petitioner. 

        The petition and a summons will be served upon your spouse.  The summons merely tells your spouse he or she is being sued for divorce.  Service means that the papers will be handed to your spouse, or perhaps published in the newspaper under limited circumstances.  Due process (fairness) requires you to inform your spouse that you are requesting a divorce.  Service of process on an average costs between $35 and $50, but can vary.  If your spouse is willing to sign a paper saying he or she received the legal documents, you can use the mail and there is no charge for service of process.  That is called waiver and acceptance of service of process.  Spouses usually don't sign; I don't recommend attempting waiver of service.

        The person who is sued will be called the respondent.  He or she is required to file a response with the court.  Other than the difference in the filing fee, it does not matter who is the petitioner and who is the respondent.  It is not a race to the courthouse.

        After filing and service of process on the respondent, by law there is a mandatory 90 day waiting period before the divorce can be finalized.  This is a cooling off period.  CRS 14-10-106

        Upon commencement of the divorce, the following injunction enters automatically by operation of law.  CRS 14-10-107

AUTOMATIC TEMPORARY INJUNCTION - BY ORDER OF COURT, YOU AND YOUR SPOUSE ARE:

1. Restrained from transferring, encumbering, concealing, or in any way disposing, without the consent of the other party or an order of the Court, of any marital property, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the injunction is in effect;

2. Enjoined from molesting or disturbing the peace of the other party; and

3. Restrained from removing the minor child or children of the parties, if any, from the State of Colorado without the consent of the other party or an order of the Court.

4. Restrained without at least fourteen days advance notification and the written consent of the other party or an Order of the Court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner's or renter's insurance, or automobile insurance that provides coverage to either of the parties or the minor children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.

        If the facts warrant, the court may grant a request to actually impound assets or money and take them out of the control of yourself or your spouse.

        If you have children, in El Paso County both the husband and wife will be ordered to attend one parenting class during which a video will be shown.  You need not attend together.  It does not matter whether you agree on all issues regarding the children or not; the parenting class is mandatory before final decree enters.

        In the filing fee, Petitioner pays the cost for both parties ($40 total - $20 each)  
        Attorneys and mental health professionals appear to answer questions.  Their time is volunteered without compensation and they will not accept referrals from the class.  Professionals don't contribute to your expense in this mandatory class but will offer assistance through the end of the program.
        Refer to the Self Help Clinics page for information regarding parenting class dates, times and location.

        You may have a temporary orders hearing, at which time the judge will allocate parental responsibility and enter orders regarding parenting time, child support, spousal maintenance, and who may use property or must pay debt temporarily while the case is in progress until final orders are entered.  That hearing is frequently about 2-4 weeks after filing.  The court's docket will determine how soon the hearing can be held after filing.

        The attorney will try to settle your case during the 90 day waiting period.  If agreements can be reached with your spouse, the attorney will prepare a detailed written agreement.  That agreement will eventually become part of the final decree (order).

        If a written settlement agreement has been made and filed:
        Children involved:
            Attorneys have entered appearance for both husband and wife:
                Court appearance is not required to finalize - decree may be taken by affidavit
            Only one party or neither party has legal counsel:
                Court appearance is required to finalize - a very brief hearing is held
        Children are not involved:
            Court appearance is not required to finalize - decree may be taken by affidavit 
            Whether either party or neither has an attorney is irrelevant - affidavit by decree is available

        If the parties can not agree, the case will enter the contested phases of divorce.  This may include child custody evaluations, psychological evaluations in child dispute cases, or real estate or personal property appraisals and mediation.  Each party may be required to produce copies of billings, canceled checks, bank statements, pension or other financial documents.  Each party is required to file a detailed financial affidavit.  A disclosure certificate must be filed with the court reflecting that each have provided numerous financial documents to the other.

        It is possible that depositions will be taken.  That means questioning under oath in front of a court reporter who records all statements. Interrogatories may also be used. Interrogatories are written questions which must be answered in writing under oath.  In the discovery phase of the case, both parties have the opportunity to learn almost anything he / she wants to know to prepare his / her case.  The days of Perry Mason and surprises in court are gone.  Discovery is frequently expensive - cost can be reduced if both parties are open and voluntarily exchange financial documents.

        If the parties can't settle and must set court hearings, mediation is required before setting a contested final hearing.   For additional information, refer to the Mediation & Arbitration page of my primary website.

        Before temporary or final orders hearings, most judges require a pre-trial statement - a written statement which advises the court of agreements, contested matters, facts and law, parenting plan and other disposition requested by each party.  Counsel may attend a pre-trial or status conference in chambers at which time each side advises the judge what of agreements, disputes and issues - what the court fight will be about.  Some judges do not allow the parties into chambers during a pre-trial conference, others require the parties to be present.

        Any divorce may be involuntarily set into the Divorce with Dignity non-adversarial divorce settlement and case management program emphasizing cooperation, disclosure and informal settlement.  The parties and attorneys meet with the judge in chambers 2-3 times over a 90-120 day period, commencing about 30 days after a petition is filed.  The court hopes a separation agreement and a decree are completed during that period.  A non-appearance affidavit is used to formalize the decree.  Parties with children are still required to go to the parent education class but no party is required to attend mediation.  The judge will set initial and subsequent conferences.  The initial conference may be used to adopt temporary orders.  Full financial affidavits are required.  Unless authorized by the judge, no motions may be filed.  Only one court-appointed expert on any contested issue is allowed. No formal discovery is authorized.

        After final hearing, if a litigant does not like the judge's decision, appeal must be filed in the Court of Appeals. Generally, a party can not state he / she does not like the ruling & ask for a new ruling or judge.

        If the parties can reach agreements, a divorce can generally be completed in about 4 months from start to finish.  If the parties can not agree, it may take as long as 1 - 2 years.  Tell your attorney if you have plans to marry another in the near future, if the wife in the present marriage is pregnant, or if either alleges the husband is not the father of a child.

        Once a response has been filed, the case may not be dismissed (thrown out) unless both parties agree.  If both agree, the case may be dismissed at any time until the final orders have been entered.  If one party wants the divorce, the other can not stop it.  Either may ask for court ordered marital counseling, but it probably will not be ordered if the other simply states the marriage can not be saved; he or she does not desire counseling.

        Effective January 1, 2005 Colorado Rule of Civil Procedure C.R.Civ.P. 16.2 was adopted which provides for mandatory disclosure (discovery), limited motion practice and case management by the court.  Judges and magistrates are serious about Rule 16.2 obligations and judicial case management.  Once the case is filed, be prepared to disclose documentation and move the case forward in a timely fashion.  Refer to the above link to view the rule - it applies to the initial case and post decree matters.

        To assist in rapid case preparation, fact sheets have been made available on-line.  Open file password is given to a client or sent via email once retained.  Counsel asks clients to invest significant effort at commencement of representation to provide an understanding of the relevant facts and documents which must be disclosed.  Judicial case management has removed any dilly dallying - timely case preparation is now obligatory to avoid sanctions.

        If removal of the spouse from the marital home is necessary, court orders may be obtained, and done without prior notice under some circumstances.  However, it is preferable to work out the residence without court orders.

        There is no pleasant or enjoyable way to physically separate.  If necessary, either party may hire an off duty police officer to be present and keep the peace while household goods are being physically moved.  You may attempt to hire an off duty law enforcement officer by calling the Colorado Springs Police Department or the El Paso County Sheriff's Office.  No officer will participate in deciding who may take or keep individual items, the officer will merely keep the peace.  Plan on $50+ minimum.  To provide for an efficient and rapid move, make certain sufficient manpower, truck space, dollies, pads, etc. have been arranged in advance.