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Monday, June 20, 2011

Family Law – Overview of Divorce (Part 1/4)

Overview of the Divorce Process in Colorado

    So you are considering divorce in Colorado and want to know more about the process? This blog post offers a general overview of the process and anticipated timeline that you might expect when navigating through the courts in Colorado. Before going forward, we need to offer the following disclaimer: Keep in mind that many issues arise that are case specific and may affect your particular case in a different manner. Your case might be much more complicated, and require more judicial intervention than is typically proscribed. As such, it is recommended that you seek the advice of an attorney regarding your particular circumstances.

     Generally, the process can be broken down into four phases:

  1. Phase 1- Beginning the Process: To initiate a divorce proceeding one of the parties will need to file a Petition for Dissolution of Marriage. Legally speaking, you are asking the Court to break an existing contract between you and your spouse in an equitable manner. The party who files the Petition is known as the "Petitioner." If both parties file the Petition together, they are considered "Co-Petitioners." However, filing the Petition is not enough for the Court to recognize that a divorce proceeding has begun. If the Petitioner files the Petition on his or her own, he or she will need to effectively serve his or her spouse with the Petition. Service can be achieved by having a process server physically serve the party, serving the other party's attorney, or having the other party sign a "Waiver of Service" in front of a notary, acknowledging acceptance of the Petition. Once the Petition has been filed, and the other Party (known as the "Respondent") has been served, the Respondent should file a Response to the Petition. Generally, the Response is due to the Court 20 days after being served with the Petition (or 30 if the Respondent is outside the State of Colorado). Once the Court has accepted these filings, they will contact you with a date for your Initial Status Conference. This is the court date where the Judge, Magistrate, Court Clerk, or Facilitator will give you a road map and timeline for your entire case. If you have questions about the process, this is the time to ask them.

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  5. I totally agree that this overview provides a helpful breakdown of the divorce process in Colorado. It emphasizes the importance of seeking legal advice tailored to one's specific circumstances and acknowledges. In that each case may vary in complexity. The explanation of initiating the process, serving the petition, and the subsequent court procedures provides a clear outline for individuals navigating divorce in Colorado. However, if you are not interested in divorce then suggest people to marry. Noble Marriage is the best matrimonial platform in this case.

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