8th Sep 24 10:00 pm
JamieOne question family law attorneys hear often is: Why would a divorce go to trial? The word trial, for many people, conjures associations with procedural dramas, characterized by tense courtroom exchanges and scenes of raptly attentive jury members. Unsurprisingly, even a deeply frustrated spouse approaching a high-conflict divorce scenario may have difficulty relating these mental images to their own situation. In most cases, a divorce trial is simply the process for getting a divorce in Colorado if the spouses are not able to reach an agreement on every aspect of their settlement on their own. Divorce trials are extremely common, but like many other legal matters they can be complex, and involve a great deal of both specialized technical terminology and a variety of procedural requirements with which most people outside the legal profession have little cause to be familiar.
For these reasons, individuals pursuing a divorce often prefer to work with an experienced family law attorney who can support them during negotiations with their spouse prior to divorce as well as representing them in court if they are unable to reach an independent consensus and must proceed to a divorce trial. Schedule a consultation with a family law attorney in the Littleton area by calling Colorado Divorce Law Group today at (720) 593-6442.
Colorado spouses may file for divorce either jointly or separately. In a joint petition, both parties will fill and sign a single form, which they submit to the court according to Colorado Judicial Branch guidelines, and the parties will be treated as petitioner and co-petitioner throughout the divorce process. In a separate filing, the spouse who wishes to file for divorce will complete and sign the form and then be responsible for completing service of process, pursuant to the Rule 4 of the Colorado Rules of Civil Procedure.
Whether the couple files jointly or one spouse files and the other responds, both parties will need to attend an Initial Status Conference with the judge or magistrate assigned to their Colorado divorce case. From that point, the procedures will diverge somewhat depending on whether the divorce is contested or uncontested. In some cases it may not be clear at the initial status conference whether the divorce will ultimately be contested, and a Colorado court may order mediation in an attempt to help the spouses arrive at a mutually acceptable arrangement that allows for an uncontested divorce.
All Colorado divorces are divorce cases: They involve legal filings, and are handled through the Colorado Judicial Branch under the courts’ procedures for family law cases. However, not all Colorado divorce cases become divorce trials. The answer to “Why would a divorce go to trial?” resides in the difference between contested vs. uncontested divorces.
A divorce is considered uncontested in Colorado if both parties can reach an agreement on all the details of their settlement outside of court, either on their own or with the services of a professional divorce mediator. Required areas of agreement consist of a completed Property and Financial Agreement (for all couples) and a proposed Parenting Plan (only for couples who have children together). Uncontested divorces tend to be both somewhat faster and somewhat cheaper than contested ones, so ordering mediation is a relatively common step for Colorado judges to take if the parties arrive to their initial status conference without full consensus on either of the required forms. Reaching a consensus on all required matters may sometimes be easier in an amicable divorce scenario than it is for high-conflict couples, but the truth is that not all amicable splits lead to uncontested divorces, and even spouses with a highly adversarial relationship are sometimes able to work together to reach a divorce settlement both sides are willing to submit to the court.
If the couple is unable to reach full consensus on all areas of the Property and Financial Agreement required by the Colorado Judicial Branch as well as, for couples with children, their proposed Parenting Plan, then the divorce will be considered contested and the disputed areas, at minimum, will be adjudicated by the judge or magistrate overseeing the case at the end of a divorce trial. Contested divorces are extremely common, even after mediation.
Going to trial after mediation does not necessarily mean that the divorce mediation has failed. Although there can be exceptions, the general rule is that the more matters a couple is able to resolve outside the courtroom, the more time and money they will likely be able to save – so going through the divorce mediation process can be worthwhile even if the couple is able to achieve only a partial consensus.
A divorce is said to be “going to trial” if the spouses are unable to come to an agreement on any of the core considerations necessary to finalize either their Property and Financial Agreement or, if they have children, their Parenting Plan. Divorce trials are simply the process by which Colorado courts develop an understanding of each party’s position and attempt to devise a solution to each contested issue that will be equitable toward all involved. An attorney from Colorado Divorce Law Group may be able to walk you through the process for a divorce trial during a personalized consultation.
While a divorce trial can certainly be tense and in many cases may be hard-fought, it will likely have some differences from other types of trials with which people are often familiar. Unlike a criminal trial, a divorce trial does not typically involve the presentation of evidence to a jury, who will weigh the evidence and determine either party’s guilt or innocence. In fact, although proceedings in divorce cases often do involve the presentation of evidence, it will usually be heard only by the judge presiding over the case, and of course the other party (along with their counsel, if they are working with an attorney), and for the most part the evidence is used not to show that anyone has been “guilty,” but to establish clear reasons for whatever requests the party presenting the information is making in terms of spousal support, parenting time arrangements, and the division of marital property.
In one sense, a divorce trial in Colorado is a form of civil trial: § 14-10-104 Col. Rev. Stat. (2023) dictates that family cases in Colorado follow the state’s Rules of Civil Procedure, with some differences in terminology. Those differences in terminology, however, reflect some important differences in both the relation of the parties and in the potential outcomes of the case.
Civil lawsuits commonly open with one party, the plaintiff, filing a complaint alleging that the defendant has caused them “injury” (the term “injury” in civil torts law can cover a variety of harms, including but not limited to bodily harms) and owes them compensation (this is, roughly speaking, the legal concept of liability). Divorce cases, on the other hand, for the most part do not attempt to prove that either party has wronged the other, and financial awards in divorce cases are made according to the principle of equitable distribution. Each side may use the discovery process to make sure that all assets are appropriately disclosed, and frequently both parties will attempt to show how the facts available support their case – but even so, these arguments will not typically be based on allegations of either party’s wrongdoing. Even for something as frequently contentious as awards of spousal support, C.R.S. § 14-10-114 specifically prohibits courts from considering “marital misconduct” in making determinations regarding what may be a fair amount.
While a divorce trial may not involve proof of crimes or allegations of liability, it can still be expensive, time-consuming, and complex. Many individuals approaching the proceedings in a contested divorce hear about divorce trials and wonder: Why would a divorce go to trial? The answer, in most cases, is: Because the spouses could not agree on required aspects of their divorce settlement. Contested divorces can be frustrating, but they are also very common. A divorce attorney with experience in handling complex divorce proceedings may be able to offer perspective and help you understand your options when you schedule a private consultation with Colorado Divorce Law Group. Call (720) 593-6442 today to book your appointment.
