If you are facing a divorce here in Colorado either as a defendant or as a plaintiff, it’s common to be confused by the legal processes necessary to extricate you from your marriage.
While there is no substitute for the knowledge and counsel that a consultation with a respected and experienced Colorado family law attorney can provide, those in this situation may find answers to some common questions about a Colorado divorce.
Must I be a resident of the state in order to file?
Either you or your spouse must have been a resident of Colorado for a minimum of 90 days before either can file the petition for divorce. Additionally, after the petition is filed, a 90-day waiting period must expire before the final order can be signed.
What about filing for custody of the kids?
Parents who are seeking custody of their children must make sure that the children have lived in the state for at least six months prior to filing the petition for custody. If the child is an infant, he or she must have been a resident of Colorado since birth.
In some cases, a petitioner will file for divorce without meeting the custodial requirements. In those instances, matters involving the care and custody of the children cannot be adjudicated until those requirements have been met.
Does it matter where I file?
Yes, definitely. You can only file your divorce in the clerk of court’s office of the county in which either you or your spouse reside.
What is a stipulated motion?
Even hotly contested divorces typically have points upon which both the plaintiff and defendant agree. Those points can be stipulated, or agreed upon, in a motion that is signed by the parties and then by the judge.
What is a status conference and why must we have one?
Status conferences can either be done in the courtroom or over the phone. During the meeting, the attorneys or parties representing themselves speak with the judge to see how the case is proceeding.
Judges often inquire whether the parties have reached accord on different aspects of the case. The conferences are typically proceeded by both parties submitting their answers to questions about the progress of the case. The answers to the questions determine whether further attempts at settlement should be sought or whether the case must be set for trial on its merits.
If you are feeling uncertain about your pending divorce, seek the counsel of a reputable Fort Collins family law attorney who can guide you through the process.