During divorce proceedings, disagreements are something many couples face. But what happens when you and your spouse are not able to reach an agreement on key issues like property or custody?
The divorce then becomes contested. This blog explores the process of when that happens.
The way Colorado courts process a contested divorce
The process starts when you file a Petition for Dissolution of Marriage with the district court. Under Colorado law, the judge cannot finalize the divorce until at least 91 days have passed. Additionally, at least one spouse must have been a resident of the state for the same amount of time.
During this time, both spouses must complete mandatory financial disclosures. These documents include details about income, assets, debts and expenses.
If disputes remain after initial filings, the court will schedule hearings. A contested divorce can take several months to over a year, depending on the issues involved.
The decisions the courts can make for you
When couples cannot reach their own agreements, a judge will make final decisions which can include:
- Division of property and debts
- Spousal maintenance
- Parenting time and decision-making
- Child support
To provide the judge with a clear understanding of your situation, an attorney will need to prepare organized financial records and evidence. This documentation helps the judge make informed rulings on how to distribute assets fairly and what arrangements will best serve the interests of your children.
Exploring mediation as an option
Colorado courts strongly encourage couples to try mediation before going to trial. In fact, most judges in the state require mediation for any case where the spouses cannot agree on custody, property or support.
Mediation provides a private setting where a neutral third party helps you and your spouse talk and negotiate. Unlike a courtroom, mediation lets both parties keep more control over the outcome. You can propose creative solutions that a judge might not consider.
Even if mediation does not resolve every issue, it can help narrow the disputes. Reaching agreement on some matters can cut the time and expense of litigation. Many couples find that working through issues in mediation helps them keep a cooperative relationship, which matters most when children are involved.