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How Long Does a Divorce Take in Colorado?
In Colorado, the duration of a divorce can vary depending on various factors. The minimum time for a divorce to be finalized is 91 days, which includes a mandatory waiting period.
However, most divorces in Colorado take longer than this, often lasting up to nine months or even a year. Delays can occur due to disputes and disagreements over key issues such as child custody and property division.
Additionally, busy county courts, unavailability of judges, and the court’s internal procedures can also lead to divorce delays. Continue reading to find out more how long a divorce take in Colorado.
Key Takeaways:
- On average, a divorce in Colorado takes longer than the minimum 91-day waiting period.
- Disputes over child custody and property division can further prolong the process.
- Factors such as court availability and internal procedures can contribute to delays.
- Considering alternative resolution methods like mediation can expedite the process.
- Seeking legal assistance is recommended to navigate the complexities of divorce in Colorado.
Table of Contents
Is There a Waiting Period?
In Colorado, there is a mandatory waiting period of 91 days from the filing of the initial petition before a divorce can be granted.
This waiting period is also known as a “cooling-off period” and is designed to provide couples with time to reconcile, even after they have applied for a divorce. This waiting period applies to all divorces, whether the parties agree the marriage is over or not, and even if there are no unresolved issues.
During this waiting period, both parties should consider their options and assess whether divorce is truly the best course of action. It provides an opportunity for reflection and the possibility of reconciliation.
However, even if the couple decides to reconcile during this waiting period, they must still follow through with the necessary legal procedures to withdraw the divorce petition.
If you’d like to find out about the costs involved in a Colorado divorce, check out our article How Much Does a Divorce Cost in Colorado.
| Waiting Period in Colorado | Details |
|---|---|
| Duration | 91 days |
| Purpose | To provide a “cooling-off” period for couples to consider reconciliation |
| Applicability | Applies to all divorces, regardless of agreement or unresolved issues |
| Withdrawal of Petition | If the couple decides to reconcile, they must still withdraw the divorce petition |
Length by Divorce Type
In Colorado, how long a divorce takes depends a lot on whether it’s uncontested or contested.
An uncontested divorce is when both parties agree on all major aspects of the divorce, such as child custody, property division, and financial support. In an uncontested divorce, if all necessary paperwork is completed and submitted correctly, the process can be relatively quick after the 91-day waiting period.
On the other hand, a contested divorce is when there are disputes and disagreements over these key issues. Contested divorces can take longer to resolve, often lasting up to nine months or even a year.
Table: Divorce Length by Type
| Divorce Type | Duration |
|---|---|
| Uncontested | Varies, but typically faster after the 91-day waiting period |
| Contested | Can take up to nine months or longer |
Understanding the type of divorce that best suits your situation and pursuing the appropriate process can help you manage your expectations and navigate the divorce timeline more effectively.
Factors That Impact Timeline
Several factors can affect the timeline of a divorce in Colorado. Understanding these factors can provide insight into why some divorces may take longer to finalize than others.
Disputes and disagreements:
One of the main factors that can significantly impact the timeline is the presence of disputes and disagreements between the parties.
These can arise in various aspects of the divorce, such as child custody, property division, and spousal support. When there are unresolved issues, it may take longer to reach an agreement or for the court to make a decision.
| Factors | Impact on Timeline |
|---|---|
| Disputes and disagreements | Significantly delays the process as parties seek resolution |
| Court availability | Delays can occur due to the busyness of county courts and the availability of judges |
| Internal court procedures | The court’s internal processes for setting and conducting hearings can also contribute to delays |
| Mediation and expert involvement | If mediation sessions or involvement of child custody experts or business valuators are required, the timeline can be further prolonged |
Court availability and internal court procedures:
The schedule and availability of county courts and judges can also impact the timeline of a divorce. If there is a backlog of cases or limited judicial resources, it may take longer to schedule hearings and have the case heard.
Additionally, the court’s internal procedures for setting and conducting hearings can also contribute to delays.
How To Speed Up the Divorce Process in Colorado
Divorce proceedings can often be lengthy and time-consuming, but there are strategies you can employ to expedite the process. Here are some tips on how to fast-track a divorce in Colorado:
Gather and Prepare Documentation
One of the key factors that can delay the divorce process is the lack of proper documentation. To expedite the process, make sure you gather and prepare all the necessary paperwork, including financial statements, property records, and any other relevant documents.
Having all the required information ready will help streamline the process and prevent unnecessary delays.
Consider Alternative Resolution Methods
Litigation can often prolong the divorce process due to the lengthy court procedures and the involvement of multiple parties. Consider alternative dispute resolution methods such as mediation, collaboration, or arbitration, which can help you reach a resolution faster.
These methods are generally less adversarial and can save you time and money compared to traditional courtroom proceedings.
Work Towards Agreement
Collaboration and cooperation with your estranged spouse can significantly speed up the divorce process. By prioritizing agreement and finding common ground on key issues such as child custody, division of assets, and support, you can avoid lengthy disputes and expedite the overall process.
Try to approach negotiations with an open mind and a willingness to compromise, keeping the best interests of all parties involved in mind.
| Steps | Description |
|---|---|
| Gather Documentation | Collect all necessary paperwork for the divorce process, including financial statements and property records. |
| Consider Alternative Resolution Methods | Explore mediation, collaboration, or arbitration as alternatives to litigation for a faster resolution. |
| Work Towards Agreement | Prioritize cooperation and find common ground to avoid prolonged disputes and expedite the process. |
Get an overview of the process of how to file for divorce in Colorado here.
Divorce with Children: Considerations and Custody in Colorado
Divorces that involve children can add complexity to the process.
Colorado courts prioritize the best interests of the child when determining child custody arrangements. Factors such as the child’s relationship with each parent, the child’s adjustment to home, school, and community, and the mental and physical health of all involved parties are considered.
Note that children must reside in Colorado for at least six months before the divorce petition is filed.
Child support, which involves financial contributions from both parents, is also a key consideration.
In a divorce with children, the court focuses on creating a custody arrangement that promotes the child’s well-being and stability.
The court may consider joint custody, where both parents share the responsibilities and decision-making, or sole custody, where one parent has primary physical and legal custody. The court may also order visitation rights for the noncustodial parent to ensure ongoing parental involvement.
When determining child custody, the court considers various factors, including the child’s preferences (if the child is mature enough to express them), the parents’ ability to cooperate and communicate effectively, their willingness to encourage a positive relationship between the child and the other parent, and any history of domestic violence or substance abuse.
The court may also appoint a guardian ad litem or child custody evaluator to gather additional information and provide recommendations.
Table: Child Custody Arrangements in Colorado
| Custody Arrangement | Description |
|---|---|
| Joint Custody | Both parents share physical and legal custody, making decisions together regarding the child’s upbringing and well-being. |
| Sole Custody | One parent has primary physical and legal custody, while the noncustodial parent may have visitation rights. |
| Split Custody | Multiple children are divided between the parents, with each parent having sole custody of at least one child. |
| Third-Party Custody | In certain circumstances, custody may be granted to a grandparent, relative, or another suitable third party. |
To Sum It Up
Now that you have a better understanding of how long a divorce can take in Colorado, it’s important to remember that each case is unique. While the minimum waiting period is 91 days, the actual duration of a divorce can vary based on several factors. Disputes and disagreements over child custody, property division, and other key issues can significantly delay the process.
To see how the timeline of a divorce in Colorado compares to how long it takes in other states, check out our articles about how long does a divorce take in Montana and the divorce timeline in New Mexico.
