You need to decide if you and your spouse will be signing the Dissolution of Marriage petition jointly. If not, your spouse will either need to voluntarily sign a Waiver of Service, or he/she will have to be served with the divorce papers involuntarily. File in the County Where you or Your Spouse Reside. One of the parties must have resided in Colorado for at least 90 days before the Dissolution of Marriage Petition can be filed.
Initial Status Confrence/CMO and Forms
Initial status conference/CMO. Shortly after we file, we will receive a Case Management Order (CMO), and a date for an Initial Status Conference (ISC). The CMO will outline the procedures we will follow during the divorce, and will give a list of documents which must be exchanged with the other party. The Initial Status Conference usually will be set for within thirty days. It is an opportunity to discuss the status of your case, and to exchange forms and documents identified in the CMO. If children are involved, the Court may require you and your spouse to attend a Parenting Class. We will help you complete and file the appropriate documents with the Court, including a Certificate of Compliance that all required documents have been exchanged, a Sworn Financial Statement, a Parenting Plan, Separation Agreement, Child Support Worksheet, Support Order and final Decree.
If we are unable to resolve immediate issues such as who will remain in the home pending the divorce, temporary parental responsibility and parenting time with the children, division of property and debt on a temporary basis, we will need to ask for a Temporary Orders Hearing, after we have attempted to formally mediate the issues. At this hearing, the Court will resolve these issues on a temporary basis, pending final resolution at the Permanent Orders hearing.
If you and your spouse cannot reach a voluntary agreement, you will be required to participate in mediation prior to a contested hearing. This is an opportunity to resolve any issues, and could help prevent the necessity of having to go to court for a contested hearing. We will need to provide proof of the mediation to the Court before any contested hearing can even be set. If both a Temporary Orders Hearing and Permanent Orders Hearing are needed, then that will involve two separate mediations.
Final Hearing/Permanent Orders Hearing
If you have not been able to reach agreement on all of the issues, we will need to set for a contested final hearing. At this hearing, if you have any contested issues, we will present evidence and testimony regarding what you are requesting. The exchange of all documents and mediation must be completed before the Permanent Orders hearing. Plan on several months before this hearing can be set.
Issuance of Decree and Order
The earliest this can occur is 90 days, which begins once the documents have been served to the other party or when the Petition is filed, if filed jointly. If all documents are complete, and all issues have been resolved, your Decree and Support Order will be entered at the conclusion of your Permanent Orders hearing.
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