25th May 25 2:33 am
JamieMany states have a divorce separation period designed to put a major decision like divorce on hold to give time and space for divorcing couples to process the change and order their affairs. These divorce separation periods can range from no time to a year in length, so understanding these periods and state regulations helps contextualize the time required for a divorce.
In Colorado, the divorce separation period is 90 days long. This means that if a couple chooses to enter a divorce, they must wait approximately three months before they can begin the process. This waiting period can impact divorce timelines and may change how a couple goes about their divorce, so having a clear image of these timelines may be beneficial.
An experienced Colorado divorce lawyer from Colorado Divorce Law Group may be able to provide insight into this divorce waiting period and provide steps to put into action in the meantime. Consider scheduling a consultation today by calling the office at (720) 593-6442.
The 90-day divorce separation period in Colorado essentially pauses the divorce proceedings to allow time and space to consider the course of action. Not only does this help relieve the caseload of the local courts, but it also allows chances for reconciliation. Divorce is an incredibly significant life decision and the 90-day waiting period allows couples a chance to cool down and consider the best possible course of action.
During the divorce separation period, the court will not grant a divorce decree even if all contested matters are resolved out of court. This waiting period cannot be waived or shortened by the petitioners or the courts.
While the terminology may be similar, legal separation and the divorce separation period are different legal processes. Couples are not considered legally separated during the divorce separation period, as this would require them to file for legal separation instead of divorce. According to the Colorado Judicial Branch, legal separation is a family law institution similar to divorce that provides similar benefits without the dissolution of marriage. However, there are means to enforce temporary measures such as child support, parenting time, and other facets of divorce while waiting for the separation period to be over.
Divorce can be a life-altering and painful process, which can have a deep impact on not only the divorcing couple. As such, the state of Colorado instituted the divorce separation period to ensure that the process does not move too quickly. A mandatory waiting period could give time for intense emotions to work themselves out and provide couples with an opportunity to consider their options without intense time pressure.
Additionally, the waiting period allows couples to prepare divorce documentation and engage in divorce mediation. As there are often many contentious issues that must be settled in a divorce, many couples require the attention and authority of a judge to decide on matters like child support, parenting time schedules, and property division. An enforced divorce separation period may give couples time to consider these issues and engage in structured conversations to agree on these divisive topics. This may help decrease the number of contested divorces and make the process more efficient.
For more information on options to pursue during the three-month waiting period, consider speaking with a seasoned divorce attorney from Colorado Divorce Law Group.
The divorce separation period often shapes the timetable for divorce, so understanding when it is initiated could help with planning out other details of a divorce case. For those seeking to speed up the process as much as possible, knowing when and how the separation period is initiated will help increase efficiency. If both spouses enter into the divorce agreement filing as a petitioner and co-petitioner, then the waiting period begins on the date the petition is filed. This means that entering a divorce collaboratively could help initiate the divorce separation period faster.
However, if spouses are not filing for divorce together, the waiting period begins on the date that the petition is served to the respondent, according to the Colorado Judicial Branch. This means that filing for a divorce and serving the papers to your spouse may increase the waiting time while the divorce papers are served.
While the 90-day separation period is a time to wait, this also provides certain opportunities to prepare for the divorce case. Assuming reconciliation is not an option, one could begin planning for the divorce and working with the other spouse to finalize a marriage settlement. An uncontested divorce could save couples a significant amount of time and money, but an uncontested divorce generally requires a finalized settlement to ensure that the courts do not need to settle any relevant matters.
This time may be ideal for collecting the relevant information and documents required of each spouse. Additionally, the divorce separation period could be an opportunity to pursue mediation. If some issues are difficult to resolve, such as child custody and the division of high-value assets, a mediator could help facilitate the discussion to come to an agreement. Finalizing these issues during the waiting period could speed up the divorce after the divorce separation period is over.
What happens after the waiting period is over is largely dependent on the complexity of the case and the willingness of the divorcees to cooperate with one another. If the couple can come to an agreement, they may be able to complete a divorce settlement to give to the courts. In this case, the divorce may proceed quickly as all major decisions have been made. However, if they are not able to agree, the divorce may be contested and go to trial which would require more paperwork to be completed, a court date set, and more.
The 90-day divorce separation period is a key factor in every Colorado divorce case, as it can impact the length of the process and the method of approaching the case. Understanding what is required for this waiting period and what can be done to seek reconciliation or a marriage settlement in the meantime could provide insight into potential ways forward. Consider speaking with a skilled Colorado divorce attorney from Colorado Divorce Law Group for more details on the state’s divorce separation period. Schedule a consultation today by calling (720) 593-6442.
