The decision to get divorced can be incredibly difficult, so if you have come to that decision, the chances are good that you would prefer it be finalized as quickly as possible. While technically, there is a statutory 91-day waiting period for Colorado divorces, the reality is that most divorces take longer to complete. So how long will it take for you to file for and get divorced in Colorado?

The typical divorce timeline is 6 to 9 months. This includes the time it takes to file the petition, serve your spouse, exchange financial disclosures, and attend court hearings. If you and your spouse are able to cooperate and work out a deal, then you might be able to get divorced more quickly. Otherwise, contested divorces can take 9 months or longer to finalize.

At Ascent Legal Group, we offer strategic legal representation across a range of Colorado family law matters. We understand that most people simply want to be done once they have made the decision to get divorced. We will help you understand the process and how long it might take to give you a more realistic idea of what to expect. Contact our law firm today to talk to a Colorado Springs divorce attorney.

Timeline for a Colorado Divorce 

Under Colorado law, a court cannot enter a divorce decree until a 91-day waiting period has expired. At a minimum, this means that a court will not enter a decree of dissolution until 91 days after you filed the petition for divorce. In practice, most divorces take at least 6 to 9 months to complete.

To understand how long it will take to get divorced, it can be helpful to learn more about the process itself. Below, we break down each step and how long it will likely take. If you have questions about getting a divorce, our Colorado Springs divorce attorneys can offer you guidance based on the specific facts of your case.

Meeting the Residency Requirements

Before you can file for divorce in Colorado, you must first meet the residency requirements. This gives the court jurisdiction over your case. Either you or your soon-to-be spouse must be a resident of Colorado, with your primary residence in the state, for a period of 91 days before filing for divorce.

In addition, if you share minor children, then there is an additional residency requirement. The children must have lived in Colorado for at least 182 days before the court will have jurisdiction over custody matters.

Filing a Petition for Divorce

Once the residency requirements have been met, the next step is to file a Petition for Dissolution of Marriage with the court. If one party files the petition, they are known as the Petitioner, while their spouse is the Respondent. Alternatively, the parties can file a petition together as co-petitioners.

The divorce petition itself does not take long to complete. You are only required to submit basic information at this stage, such as the names and addresses of both spouses, whether you share any minor children, and if you are asking for any related orders (such as spousal support). A Colorado family law attorney can typically prepare this document for you within a few business days.

If you aren’t filing jointly, then your spouse will need to be served with the paperwork before the 91-day clock begins to run. Once they are served with the paperwork, your spouse has 21 days to file an answer, unless your spouse was served in a different state, then they would have 35 days to file an answer.

Service of process is often relatively simple since most people are aware of where their spouse lives and works. That being said, there are situations where it can take longer. For example, if your spouse can’t be located or is actively dodging service, then your attorney may need to hire an investigator to find them. 

In some cases, it may be necessary to file a public notice in lieu of service – a process that takes more time and money. While this can be cumbersome, it is required before the divorce can move forward. The service stage of the process can take anywhere from a day to several months depending on whether you can locate your spouse.

Submitting Financial Disclosures

In Colorado, both spouses are required to complete and submit a sworn financial statement. This step often takes far longer than drafting and filing a petition. That is because each spouse has to provide detailed information about their assets and liabilities. 

For some couples, this part may be simple. If you have minimal assets, then it may simply be a matter of checking your various accounts so that you can list the numbers. If you have real estate, retirement funds, insurance policies, investment accounts, or other assets and/or debts, this process can take significantly more time. 

Remember: this financial disclosure is a sworn statement. This means that there are potential penalties for omitting information or not answering every question honestly. It is far preferable to take the time to make sure that your disclosures are complete and accurate.

Financial disclosures are required in every case, even for uncontested divorces. Before the court can issue a decree, it must make a finding that your settlement agreement is fair and not unconscionable. A judge can only make that decision after having reviewed both parties’ completed sworn financial statements. 

Initial Status Conference

Once the divorce petition has been filed, the court will set a date for an Initial Status Conference. This typically takes place within 42 days of the petition being filed. During this hearing, the Court will set out deadlines for making disclosures, appoint experts (if necessary), and schedule a temporary orders hearing (if needed). This hearing is usually pretty brief.

If both spouses have attorneys, they can collaborate and file a Stipulated Case Management Plan that lays out deadlines in the case (which are in line with what a court would typically order). In these situations, there is no need for the initial hearing. However, if one spouse is not represented by an attorney, the hearing is mandatory.

Discovery

If the spouses haven’t agreed to a settlement and/or if either requires additional information beyond what is contained in the sworn financial statement, the parties may engage in discovery. This is part of the litigation process where the parties make disclosures and exchange documents and information.

Discovery can consist of written questions (interrogatories), requests for production of documents, inspection (to inventory and/or appraise property), requests for admission, and sworn testimony (depositions). It is not necessary in every divorce case, but it is more common in contentions or complex divorces. Discovery can take a substantial amount of time, as each party has a set number of days to respond to a request, which can often be extended.

Temporary Orders

There are many issues in a divorce case that may need to be decided before a final dissolution decree is entered. A temporary orders hearing can be scheduled to decide issues such as payment of expenses, temporary spousal support (maintenance), exclusive possession of the house, temporary parenting time, temporary decision-making authority, and temporary child support. Temporary orders only last until a final settlement is achieved or a different decision is made by the court.

Temporary orders hearings are often short in length, often lasting only an hour. They are often scheduled early in the case so that these important matters can be addressed

Mediation and Negotiation

Between the filing of a divorce petition and the final decree, there are often both formal and informal attempts to resolve the case outside of court. If the parties have already reached a settlement, negotiation likely isn’t necessary. Otherwise, the parties may engage in:

• Informal negotiations between the attorneys or even between spouses to try to come to an agreement about property division, child custody, and more. This can happen at any point in time during the divorce process.
• Settlement conferences between the parties and their lawyers are held together. These conferences are typically required before the court will hold a contested hearing. This usually takes place after the parties have exchanged financial information in the hopes that they can resolve any issues and potentially avoid a hearing.
• Mediation is required before a contested final orders hearing. In most cases, mediation is scheduled approximately a month before the hearing. A neutral third party known as a mediator will go back and forth between the parties to try to get them to come to an agreement. Mediation is not binding on the parties, but can often be helpful as a way to understand the strengths, weaknesses, and likely outcome of a case.
• Pretrial meetings are scheduled before a contested final orders hearing. It is a last opportunity to try to come to an agreement before going to court.

These types of negotiations can (and probably should) take place throughout the case. Settlement conferences are typically short in duration. Mediation is usually scheduled for a minimum of two hours, but can go much longer than that. While these types of settlement attempts can add time and expense in the short-term, they often lead to a reduction in the duration and cost of the divorce as they can help the parties work together for their own solution rather than relying on a court to make the decisions.

Permanent Orders Hearing

The permanent or final orders hearing is the last step of any Colorado divorce case. In most cases, it is held about 6 to 9 months after a divorce petition is filed, depending on the circumstances in your local courthouse and the complexity of your case.

Uncontested permanent orders hearings are fairly brief. The court will typically review the agreement with both spouses before issuing a final decree. Uncontested divorce hearings are usually scheduled within 6 months of filing for divorce. Permanent orders hearings are not required in uncontested divorces that do not involve minor children, if both parties are represented by attorneys.

For a contested divorce, the permanent orders hearing is a trial before a judge. Divorce hearings do not have juries. They are typically scheduled for a half day or a full day. These hearings often take longer to schedule, between 9 months and a year after filing a divorce petition. 

For uncontested divorces, the Decree of Dissolution of Marriage will often be issued on the same day as the hearing. If the court is deciding one or more issues in the case, then the judge will take some time to consider the matter before issuing an order. This may a month or longer, although the divorce decree will typically be issued within a few days.

Ultimately, the length of time that it takes to file for and get divorced depends on the unique facts of your case, the court’s availability, your ability to cooperate, the need for expert opinions, and how quickly the parties exchange information. On average, you can expect that it will take a minimum of 6 months to finalize your divorce. Our Colorado Springs divorce lawyers can help you understand the process and the length of time that it will likely take for you to get divorced.

Speak With A Colorado Divorce Lawyer At No Cost

It’s never an easy decision to end your marriage. If you have made that call, then you probably want to get through the legal process so that you can move forward with your life. While divorce can take time, our goal is to help our clients get through the process as quickly and successfully as possible.

With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group represents clients in Colorado divorce and other family law matters. We offer thoughtful legal advice that is designed to help our clients minimize stress and costs while maximizing their interests. Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado divorce lawyer.