This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over as soon as possible so they can move on with their lives. This inevitably leads everyone to ask “how long will it be until I am officially divorced from my spouse?” A great place to start is our Divorce Timeline, which can be found under the Tools tab on our website. However, we also want to give a more general overview of how long the process might take. The specific circumstances and complexity of your case will determine the timeline, but overall, this is what you can expect the process to look like.

 

When You First File-

 

Once you have filed a Petition for Dissolution of Marriage with the courts in your county, your spouse must be personally served.  Learn more about what to do if you are the one being served divorce papers.

Once your spouse is served, he or she has 21 days (35 for out of state) to file a response. If you and your spouse both want the divorce and sign a petition jointly, the Service/Response step can be ignored. Your spouse may also agree to waive service if you do not file jointly. Just because you sign jointly does not mean the process is complete, and you will still need to follow the rest of the requirements in the process.

 

Once Your Ex Is Served-

 

You have 42 days after the date of filing to set up an initial status conference with the court and submit your financial disclosures. The initial status conference is your first court appearance and is an informal way for both parties and the Court to get on the same page about dates and deadlines in your case. It depends on the county and jurisdiction that you are in as to whether they will schedule a time for your initial status conference automatically once you file, or if you or your attorney have to reach out to the court to schedule your own. The timing for this solely depends on your county’s court and its timeline. You also will need to have your financial disclosures submitted within that 42-day deadline as well.

 

After Initial Status Conference-

 

You have the option to file for Temporary Orders, which is only necessary if there is an immediate conflict that must be addressed while your case is ongoing. Temporary Orders can help with decision making, child support or spousal support, or who will live in the marital residence during the divorce process. Temporary orders will be replaced by permanent orders at the end of your case. A temporary orders hearing, which is a separate court date, must be set to decide this and it will extend your case.

 

Once you’ve had your initial status conference, you and your spouse are then required to attend mediation by the state of Colorado. Everyone who files for divorce in Colorado must attend mediation, with a few exceptions. In rare cases where the parties agree to every issue, it is possible to skip mediation, which would shorten your case. Additionally, you may request mediation be waived in cases of domestic violence.

 

Mediation-

 

Mediation is a formal settlement conference where the mediator (whom you hire) assists in trying to reach a full agreement between you and your ex. If mediation is successful, you will leave with a signed or partial settlement agreement. Then your attorneys draft the final agreements and file the documents with the court.

 

If mediation is not successful, you must either come up with a settlement or prepare to go to trial. If you need to go to trial, this must be scheduled with the court and the timing completely depends on their availability and timeline. This can extend your case; therefore, it is ideal to come up with agreements in mediation or a settlement.

 

Finalized-

 

Your divorce will be finalized once a judge issues a decree of dissolution of marriage which then severs the marriage, and you are no longer married.

 

Post-decree-

 

If a party is not satisfied with the final decision made by the court, then an appeal can be made. There are specific time constraints around appeals, so you will want to speak with your attorney if you wish to appeal any part of your divorce decree.

 

You also may modify certain orders put in place by the courts if circumstances change after the final agreement has been made. Again, you will want to speak with your attorney if you would like to modify any documents or orders post-divorce.

 

Overall, it can be difficult to determine the exact length that it will take to finalize your divorce because every situation is different. Your timeline will depend on the specific circumstances and jurisdiction of your case.

If you have questions about your particular situation or would like to speak with an attorney today, contact us.

Domestic Violence Resources

We know that being a victim of domestic violence is terrifying and can impact every aspect of your life. Here are a few resources for victims and their families to refer to. We are always here to help; you are not alone.
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Family Tree
Jefferson County
303-271-6559
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Project Safeguard
All counties
303-219-7049
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Rose Andom Center
All Counties
720-337-4400
Fort Carson Victim Advocacy Program
(719) 243-7907
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National Domestic Violence Hotline
All Counties
800-799-7233

Attorney Brooke Shafranek Answers Your Questions Regarding COVID-19 and How It Affects Your Divorce

Divorce Matters attorney Brooke Shafranek answers questions submitted from the community. https://youtu.be/vQBnBmm3a0U Q. Can I still get a divorce? (0:18) Q. What can I do if I’m experiencing an emergency, such as domestic violence or child abuse? (2:30) Q. Co-parenting, parenting plans, what happens if we need to deviate or I and my ex disagree? (3:04) Q. What will happen with the stimulus checks that the government is sending out? (3:53) Contact us for more information or to schedule a video or phone consultation:  720-542-6142

Dealing with Child Abuse in Colorado

Child abuse is a serious problem around the nation. According to the National Children’s Alliance, about 700,000 children are abused annually, though many more will be abused at least once during their childhood. Abuse can take many forms, including physical or sexual abuse, or emotional terrorism.

If you are in an abusive marriage, your spouse might also be abusing your children. You have options for protecting both yourselves and your children, but you need to take the proper steps. If you are asking yourself “what to do if my child is being abused by my spouse in Colorado,” we are prepared to assist you immediately.

What is a Protection Order?

This is a court order instructing your spouse to do (or refrain from doing) certain things:

  • Move out of the home
  • Limit or prohibit contact with you and the children
  • Not come within a certain distance of you and the children, including the children’s school
  • Not possess a firearm

If your spouse violates the order, the police will pick them up and take them to jail. A judge can also impose other penalties. Under CRS 18-6-803.5, violating a protection order is a misdemeanor offense and carries penalties of up to $5,000 in fines and up to 18 months in jail. A repeat offender faces even more serious consequences.

How Do You Obtain a Protection Order?

C.R.S. § 13-14-103 states that you can get an emergency protection order from a county or district court. When a minor is being abused, you can get the emergency protection order from either the juvenile or district court. Local law enforcement can also request an emergency protection order. This might happen if you call the police during a violent episode.

The court should have standardized forms that you fill out to request a protection order. The clerk should be able to help you find the form you need. However, you can also work with an attorney, which can make things much easier. If you are being abused, remember to get a protection order for yourself in addition to the children.

An emergency order is only good for a limited amount of time. Your spouse will have a chance to object to the protection order at a hearing before a judge issues a permanent protection order. At the hearing, you will need to present evidence of the abuse, such as witness testimony and medical or police records. An emergency order is often a vital first step since it can be issued immediately and provides peace of mind.

How Can a Lawyer Help Me?

A lawyer can make sure that you file your protection order properly. Many abused spouses also request a protection order when they have finally made the courageous choice to end their marriage. Because you might fear your spouse retaliating, you should make sure you have all of your ducks in a row and get a protection order for you and your children.

Divorce Matters can help. We are a Denver law firm specializing in divorce and family law with years of experience obtaining protection orders for our clients. Please contact us today.

Signs of Domestic Violence, and How to Help

Unfortunately, domestic abuse remains a serious problem in Colorado. According to the latest data provided by the National Coalition Against Domestic Violence (NCADV), approximately 16,700 domestic violence reports are filed with law enforcement in the state each year.

Sadly, the true extent of the domestic violence problem is undoubtedly far higher than the official law enforcement numbers show ”” not only are most domestic violence cases never actually prosecuted, the vast majority of the victims never file a formal report at all.

Here, our dedicated Fort Collins divorce attorneys offer an overview of some of the warning signs of domestic abuse. In addition, we highlight three important tips that friends and family members should keep in mind if they want to help.

The Warning Signs of Domestic Abuse

It is important to remember that every domestic violence case is unique ”” abuse can take a wide range of forms, and different strategies may be required to provide useful help for different victims. Simply put, domestic abuse is extremely complicated. It is not uncommon for victims to be unsure, unaware, or in denial of the abuse. Some of the most common warning signs of domestic abuse include:

  • Controlling behavior;
  • Forced social isolation;
  • Extreme jealousy;
  • Verbal threats and intimidation; and
  • Any form of physical violence.

If you see actual injuries or other signs of physical abuse, you need to take immediate action. Of course, physical abuse can be covered up. Loved ones who suspect a problem should watch for the other warning signs of domestic violence as well.

How to Help a Domestic Violence Victim

  • Be Aware of the Situation

If you suspect domestic violence, you need to follow up on the issue. It is common to have credible suspicions without actually being entirely sure as to what is happening. The victim may even deny the abuse, or they may downplay the problem. This does not mean that you should let it go: You should always keep your eye on the situation and be ready to take action.

  • Help Them Develop a Workable Safety Plan

Dealing with domestic violence is incredibly challenging. On top of the terrible emotional issues, there are often complex logistical matters that must be resolved before a victim can get the help that they deserve. If you want to help a loved one, you must focus on assisting them in creating a workable safety plan. This includes everything from getting them to a safe location to sleep to making sure they have transportation and protection for their kids.

  • Be Ready to Seek Professional Guidance

You should always be prepared to seek professional guidance. You do not have to go through this on your own. One of the best starting points is the National Domestic Violence Hotline. For immediate assistance, you can call 1-800-799-SAFE. Free domestic abuse help is available 24/7/365.

Speak to a Domestic Violence Lawyer Today

At Divorce Matters, our compassionate Fort Collins domestic violence attorneys are committed advocates for our clients. We understand that each case is unique and we offer every person the fully individualized legal guidance that they need and deserve.

To arrange a fully private consultation, please do not hesitate to contact our legal team at (720) 580-6745. With offices in Lakewood, Greenwood Village, and Fort Collins, we serve clients in metro Denver, the Front Range, and throughout the state of Colorado.

Divorcing a Narcissist

We all have heard of narcissists and some of us have probably dealt with one at some time or another. Unfortunately, some of us may be married to one, or maybe in the process of divorcing one.

Being in a relationship with a narcissist can be challenging. Narcissists are vain and think of themselves very highly. They are callous and do not care about the feelings of others. They are concerned primarily about themselves. They have a need for constant admiration as if they are a celebrity. They also feel entitled to everything and cannot handle criticism well.

So when you divorce the narcissist, be prepared to see your spouse portray himself or herself at the victim and you as the most horrible person in the world. While this portrayal will likely make you extremely upset, the worst thing you can do is react emotionally. Why? Because narcissists don’t care about the feelings of others. You’re just making things worse for yourself.

A narcissist will try to take the divorce all the way to court to let a judge decide. This seems like a poor strategy, but in the eyes of the narcissist, it’s better to have an unfavorable outcome when someone else has the control than to give up control unwillingly. This may not make sense at all, but that’s how the mind of a narcissist works.

Divorce Tips

So what can you do to avoid your spouse’s drama and get your divorce finalized quickly? Here are some suggestions:

  • Let your lawyer know about your narcissistic spouse. Most lawyers have experience dealing with this type of person, but if not, find someone who is. You need to have the right strategy.
  • Establish goals.What do you want to accomplish in the end? Determine what battles you want to fight, because some are small and not worth fighting.
  • Listen and ask questions. Don’t have preconceived ideas. Learn more about your spouse’s point of view and set reasonable expectations.
  • Document everything. Your spouse will tell lies. You can negate these lies by having receipts and other documents to back up your claims.
  • Be objective. Play devil’s advocate. What arguments will your spouse use against you to make you look like the bad guy? Think ahead so your lawyer can help you avoid hurting your case.
  • Be reasonable. Your spouse wants you to enrage you. Don’t let him or her do it. Don’t think with your feelings. Use law and facts to create an argument that is logical and reasonable.

Contact a Denver Divorce Attorney Today

Being married to a narcissist can be frustrating, but divorcing one can be even worse. Your spouse will try to manipulate you and refuse to settle outside of court. He or she will make your divorce a nightmare. Get help by contacting the family law professionals at Divorce Matters. We can help create an agreement that will allow you to settle outside of court without the drama. Request a consultation today by contacting Divorce Matters online or by calling (720) 463-1232.

You Are Not Invited to Violate a Restraining Order

Civil protection orders, which are called restraining orders, can be issued on a temporary or permanent basis. Many times the parties are not strangers and have or had some type of relationship. It could be any familiar relationship such as husband-wife, boyfriend and girlfriend or similar relationships. When actual violence or threats of violence cause one party to get a civil restraining order, the relationship often does not end. But that does not mean the restraining order can be violated.
Not even if you’re invited. Not by writing, not by text, not even by Fed Ex. Not email, not by snail mail, not by thumbnail. According to the Colorado Court of Appeals, the other party can never consent to the violation of a restraining order. Even if they give consent, it’s not valid. So if your ex- wife has a restraining order with a no contact provision and then tells you its ok to contact her, it’s not. Not even if she sends it to you in writing by certified mail.
Many people find this confusing. How can you violate a restraining order if the other party agrees to it? Because consent of the court is required, not consent of the parties. This is meant to keep an abuser from bullying the other party into consent, which can lead to more bullying.

7 Things to Know About Compromising Photos

If you are or have been in a relationship for an extended period, you may have sent some less-than-appropriate photographs to your significant other. While this is not illegal (unless you’re sending them to someone who is underage), sharing these photos on social media and through text messages to friends, family, and co-workers is. Below, you will find our list of seven things you need to know about compromising photos from your ex.

1. It’s a crime to share them

This means posting, emailing, texting, snapping, or  sending them in any way. In Colorado, it is a misdemeanor to distribute or post compromising photos with the intent to harass them. The prosecutor must show the photos were posted with the “intent to harass and inflict severe emotional distress” and that the photos were posted without consent and the posting actually inflicted severe emotional distress.   That sounds like a great burden for the prosecutor, but juries and judges may have very little tolerance for this.

2. It’s a Crime If You Post the Photos For Money or “Pecuniary Gain”

In this case, the prosecutor just has to show the photos were private and that they were posted for money. There is not any need to show harassment or emotional distress. Posting your ex-s photos for money is a misdemeanor.

3. It’s  a Civil Cause of Action

In other words, you can be sued for posting the photos. The law provides the victim can sue for the greater of $10,000 or actual damages plus attorney’s fees.  The court can also order that the photos be removed.

4. The Laws That Protect Compromising Photos of You are Called “Revenge Porn” Laws

That notion was that people were posting the “porn” to seek revenge on their ex.  The photos though don’t have to be pornographic, but they do have to reveal “private parts.”

5. The Photographer Loses Any Commercial Copyright

Typically, the copyright belongs to the photographer not the subject of the photo, but under the revenge porn laws, the photographer loses any right to those photos.

6. It May Not Protect Celebrities in Colorado

Both the criminal and civil laws do not apply to newsworthy events. So, if you photographed your ex naked while publically protesting fur coats, you can sell that photo and post away.  The news worth exception seems to go farther and covers “public figures” and persons of “fame ”¦ that shape events.”  Sorry Black Chyna and Paris Hilton, you may not be covered in Colorado.

7. Cheaters Are Covered

Yeah, there’s no exception for cheating. So, if you caught your ex cheating and have photographic proof. I wouldn’t post that either. There no moral clause in this statute and all compromising photo are covered.

Contact a Denver Divorce Attorney Today

It is important to remember that these kinds of things apply to all situations and not just after you break up or get divorced. Posting photos of someone (especially compromising ones) without their express permission is illegal. If you’ve experienced “revenge porn” or anything similar, contact an experienced Denver family law attorney to help you determine the next steps you should take!

Civil Protection Orders and Domestic Violence

Domestic violence is a very real and unfortunate reality for hundreds of thousands all over the United States. Getting help from family or emergency services is one of the first steps you need to take, but what comes next? Civil protection orders are a great place to start! Here are five things you need to know about civil protection orders and domestic violence in Colorado.

1. A Civil Protection Order Can Be Issued By Just About Any Court

Even a municipal court can issue a temporary civil restraining order. All courts have “original and concurrent jurisdiction.” Meaning that a court hearing your divorce does not have to hear the restraining order claim. Even if a district court judge just ruled your ex-husband can have parenting time this weekend, a municipal court judge could issue a restraining order prohibiting that parenting time by restraining you.

2. A Temporary Restraining Order Can Be Issued to Protect From “Domestic Abuse”, “Stalking”, and “Threatened Harm”

There does not have to have been an actual event resulting in harm for a restraining order to issue. Emails, texts, calls, snap chats and other forms of communication all can be staking or threatening and may even be domestic abuse.

3. The Alleged Perpetrator Does Not Have Any Right to Be Present When a Judge Decides to Issue a Temporary Restraining Order

Yes, you can be temporarily restrained from your own home or restrained from seeing your children without ever being given the opportunity to speak. A temporary restraining order can, in court language, be granted “ex parte.”

4. No Criminal Proceedings Are Necessary

In fact, there doesn’t even have to be a report or complaint filed with law enforcement. A court has the right to restrain someone even if criminal charges will never be filed.

5. You cannot return to your residence if you are temporarily restrained

The “protected” people don’t have to leave. The restrained person has the right to return to the shared residence only to get “undisputed” personal effects to live with until a court hearing and only if accompanied by law enforcement.

Contact a Denver Domestic Violence Attorney

If you have any questions regarding domestic violence, civil protection orders, or any other family law issues, don’t hesitate to contact our domestic violence attorneys today!

Top 3 Things to Know About a Domestic Violence Arrest

Domestic violence is an unfortunate reality for people all throughout the United States. The reason that domestic violence is such a problem is that the guilty party is usually the partner of the victim and they still feel too much emotional attachment to that person to call the police and get them arrested. They may also feel fear. They may worry about that person will react when they find out, so they keep the emotional and physical bruises hidden away. The first step to getting out of this kind of situation is to get the proper help, which usually starts with a helpline and/or the police. Here are the top three things you need to know if your partner is arrested on domestic violence charges.

An Arrest is Mandatory

Colorado criminal statutes require the police to arrest “without undue delay” whenever they have probable cause to believe that domestic violence has occurred. You do not get to pass go and collect $200. You must go directly to jail.  The law states “the arrested person shall be removed from the scene of the arrest and shall be taken to the peace officer’s station for booking.”

There’s No “Get Out of Jail Free” Card

With a domestic violence charge, you cannot be released on a bond until the prosecutors consult with the victim.  Domestic violence is a “Victim Rights Act” case.  The prosecutor cannot dismiss the charges without consulting with the victim and cannot release you from jail on a bond without consulting with the victim.  If you are arrested on Friday, most likely you will be jail until Monday because the prosecutor must at least attempt to contact the victim before a bond is set.

Plea Bargaining Can Be Difficult

A domestic violence charge cannot be reduced or changed to a non-domestic violence charge unless the prosecutor stated on the record they cannot establish a preliminary case and the judge accepts that statement.

Get in Touch With a Denver Domestic Violence Attorney

The arrest of a spouse can be very difficult no matter what the situation that led to the arrest was. The domestic violence attorneys at Divorce Matters can help you as your family moves forward after these events. Give us a call today at 720-542-6142.