If you were thinking about divorce, it would be good to know what to expect. The process is quite simple, although complications can arise. It will take a minimum of 90 days even for an uncontested divorce. Your Colorado Springs divorce lawyer will be there to protect your rights every step of the way.
Filing the petition
The first step is filing for divorce with the local court clerk. You or a qualified server will deliver a copy to your spouse. Your spouse has up to 20 days to respond, or 60 days if in another state.
Managing the case
The next step is to set a schedule for the initial conference. This is usually a month and a half after filing the petition for divorce. The court will schedule a hearing for temporary orders at this time.
Getting temporary orders
After the initial conference, the court will require the spouses to meet again to discuss temporary orders. These will take care of things such as where the children, if any, will live, and who pays for what until the divorce is final.
If the spouses can agree on how these things will go, the court will issue stipulated temporary orders. If they cannot agree, the court will decide for them.
Going through discovery
The next step is to go through a discovery process. This is when both spouses reveal financial matters, such as how much they earn and owe. This should also include property they own and other assets and liabilities. They have to submit these disclosure statements even in an uncontested divorce.
If it is a contested divorce, your lawyer will not rely on these statements from your spouse. They will use other ways of finding out the truth of the matter. Your spouse’s lawyer may do the same about you.
The court will order you and your spouse to try to settle matters outside of court. You will have to go through mediation and parenting class. You have three months after the initial consultation to do these. The court will then review the case for three months.
If you and your spouse manage to agree on all issues, the court will check if it is acceptable. If it is, it will issue final orders based on your agreement. If you cannot agree, the court will schedule a final orders hearing. The judge will then decide on all outstanding issues and finalize the divorce.
The divorce process involves many steps. However, many issues can arise where you will need the assistance of a lawyer. Have one by your side even in an uncontested divorce.