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.

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

Can I File For Divorce With What’s Going On With The Coronavirus?

With everything going on right now with the coronavirus, what happens if I want to file for divorce?

By: Brooke Shafranek

Moving forward with a divorce during the Coronavirus crisis raises many questions about how COVID 19 will impact your case.

The courts are still open but operating at a limited capacity””there will be reduced staff, and the only cases that will be heard are those related to public safety. New case filings will be accepted through e-filing and at the clerk’s window, but your case may be delayed by at least 60-90 days. Your divorce case will be accepted by the court, and you can begin the process; however, what happens during the course of your case remains uncertain.

The first step is to have an initial consultation with an attorney. To comply with social distancing measures, we offer secure telephone and video consultations with our attorneys to assess your case and keep it moving forward. Due to the crisis, whether or not you retain an attorney will have a major impact on your case.

When you begin a divorce, there is a mandatory initial status conference with the court that must take place before your case can move forward. This initial status conference is not a matter of public safety, and therefore all such hearings are delayed indefinitely. However, your attorney can work with your spouse’s counsel to draft an agreed-upon plan for your case, which will eliminate the need for your initial status conference.

After the initial status conference hurdle is crossed, the parties are still required to attend mediation. Mediation is mandatory in the state of Colorado, and it is a formal meeting where we try to resolve your case. Despite the crisis, mediations are still occurring via telephone and video conferencing.

If your divorce does not involve children, your case may not be delayed as severely if you and your spouse can come to an agreement at mediation. Should you be able to reach and sign a separation agreement, your attorney will assist in requesting that your divorce proceed forward without having to appear in court, whether it be in person, via telephone, or otherwise.

If your divorce does involve children and both parties have counsel, it will be easier to navigate parenting issues during these uncertain times. Access to the court will be delayed, so your attorney will need to get creative in resolving disputes. If only one parent is represented by an attorney, you will be required to attend a hearing and must wait for the court to schedule you in.

During these uncertain times, your attorney will be able to utilize their expertise at navigating the court system to assist you in your divorce and move the process forward with as few delays as possible in ways you may not be able to if you chose to represent yourself.

What Are Unbundled Legal Services?

Navigating the court system without the assistance of a divorce attorney  can be difficult in normal circumstances. With the added uncertainty of the COVID-19 pandemic, it is important now more than ever for pro se parties to seek alternative forms of representation.

Appearing pro se simply means that you are appearing on your own behalf, without an attorney. Usually, there is legal aid available to pro se parties; however, the courts, along with the self-help centers inside, are closed for the foreseeable future. Some courts are now advising that parties without family law attorneys consider obtaining limited representation, or unbundled legal services.

Limited-scope representation is when your lawyer handles only some parts of your case, as compared to a traditional relationship where the attorney handles all aspects of your case. Unbundled representation is a way for you to choose, a-la-carte, what legal services your attorney can provide you. You can mix-and-match the specific tasks your attorney is completing for you. If you need to simply consult with a divorce lawyer and get legal advice about your case on a as-needed basis, that can be the limited scope of your attorney’s representation. Your attorney can also coach you how to represent yourself pro se, and can help with preparing your case. An unbundled service can also provide document drafting and reviewing. Similarly, you can hire a lawyer to represent you on only certain issues in your case, such as an emergency motion or child support, while you do the rest.

Courts are encouraging parties to get as much legal assistance as they can during this pandemic, as your attorney can file documents electronically and will receive immediate case updates. If both parties in a case are represented, the Court may be able to enter final orders based on the filing of agreements and non-appearance affidavits. Otherwise, you may be left waiting until the Court resumes normal operating procedures.

Your divorce attorney can always enter a full-scope representation in your case if it is necessary, but if you were planning to file pro se and the courts have instructed you to obtain unbundled legal services to file during this time, call us to learn more at 720-542-6142 or fill out our contact form here.

If I’ve Lost My Job Due To The CoronaVirus, Can I Get My Maintenance or Child Support Payments Reduced or Changed?

Have you experienced an interruption to your job due to the coronavirus such as a reduction in hours or loss of job? Can you get your maintenance or child support payments reduced or changed if this is the case and how quickly?

The coronavirus is pushing the country into uncharted waters, jeopardizing nearly half of American jobs. If your work has been impacted by the coronavirus, you may wish to modify the amount of maintenance you are paying your ex-spouse. The first step in tackling this question is to determine whether you can modify maintenance in the first place.

If you and your ex-spouse were able to agree to maintenance as a part of a larger separation agreement, you may have agreed that maintenance is modifiable, or non-modifiable. If the separation agreement states that maintenance is modifiable, then keep reading.

Adversely, if the separation agreement expressly states that maintenance is non-modifiable, then you are unable to request a modification, period. You must pay your maintenance pursuant to the terms of the separation agreement, regardless of changing circumstances.

If maintenance was awarded by the judge at your permanent orders hearing, then it is always subject to modification. This is mandated by Colorado Statutes, which states: “Except upon written agreement of the parties, an award of maintenance entered pursuant to this section may be modified or terminated pursuant to the provisions of section 14-10-122.” §14-10-114(5)(a), C.R.S.

In order to modify maintenance, you must meet the legal requirement, which is “a showing of changed circumstances so substantial and continuing as to make the terms unfair.” §14-10-122(1)(a), C.R.S.

When dealing with child support, there is a higher bar to meet, as the change must result in at least a 10% difference in owed support. Maintenance, on the other hand, depends on whether you can prove to the court a “substantial and continuing” change in circumstances.

This is not an either-or test; you must prove that the change in circumstances (your lost job, for example) is both substantial and continuing.

What courts look for is a change in circumstances so substantial that it renders the original maintenance award unfair. A modest change to your income is not likely to be seen as substantial, no matter how permanent it may be.

Loss of employment, while immediate and substantial, is usually temporary. If you will likely be re-hired when the pandemic subsides, it is likely premature to file for a modification of maintenance or child support because you will be unable to meet the legal requirement that the change in employment circumstances is continuous, not just substantial.

If you have any questions or concerns about your maintenance or child support call us at 720-542-6142 to speak with one of our attorneys, or fill out our form here.

Because family law is an extremely personal matter we are not eliminating face-to-face meetings at this time. However, we do have virtual and telephonic meetings available and strongly encourage them for anyone who wishes to conduct their consultation via telephone or computer in accordance with social distancing protocols.

What is a “No Fault” Divorce?

Colorado is a “no fault” divorce state. What does that mean?

In the past, obtaining a divorce was more difficult than it is today. You had to show grounds for why a divorce should be granted and the marriage contract dissolved. These grounds, or justification for the divorce, included abandonment, abuse, and neglect.

Then Colorado became a “no fault” divorce state. This means you no longer need a reason for a divorce ”“ a couple may get divorced for any reason at virtually any time. For legal purposes, it is enough that at least one spouse considers the marriage “irretrievably broken,” meaning there is no chance of reconciliation.

Like the name suggests, in a “no fault” divorce, a divorce court will not assign fault or blame to either party. The divorce does not need to be justified to the court and neither party’s behavior can be used against them as the “at fault” party.

How Does This Affect My Divorce?

Because no one is legally “at fault,” a court won’t consider either party’s behavior or fault in the division of assets and other financial matters, such as alimony. In fact, a judge generally won’t even allow a party to present evidence of the other’s behavior, because it simply isn’t relevant. The parties aren’t trying to convince the judge to grant them a divorce; rather, the judge is dealing with issues such as the dissolution of property, splitting financial assets, and determining parenting time. In other words, from a legal perspective, the judge is concerned with the effect of a divorce, not the cause.

Is There Any Time That One Party’s Behavior May Be Considered In Divorce Proceedings?

There are exceptions where evidence of a party’s behavior may be relevant to the divorce proceedings. One exception is where a party’s behavior directly impacts the couple’s children. In that case, a divorce court may take the behavior into account in determining parenting time in order to protect the children.

Another situation where behavior may be relevant to the divorce proceedings is in the case of economic fault. Economic fault is where one party wastes assets or incurs debt in anticipation of the couple’s divorce, thereby reducing the value of the joint marital estate. This exception is quite rare and must be carefully presented to the court.

Generally, a “no fault” divorce results in quicker, more streamlined divorce proceedings than the old “at fault” model. It is considered more equitable and fairer to the parties.

If you have questions about your no fault divorce, call us at 720-542-6142 or contact us here to schedule a comprehensive consultation with one of our experienced attorneys.

3 Ways To Reclaim Valentine’s Day After Divorce

It’s that time of year again, the day the whole world celebrates love. With all of the focus being put towards having the most romantic day ever, this day can often feel painful to those who have recently gone through divorce. But it doesn’t have to be! All of the cards and balloons in the world will tell you that Valentine’s Day is about spending time with a significant other. Who says you have to follow the rules? There are plenty of other people in your life who you can celebrate. Here are three ways that you can reclaim Valentine’s Day for yourself after divorce:

  1. Spend the evening sharing one of your favorite recipes or an old family recipe with your children. Let them pitch in and show them how it’s done! Put on some of your favorite tunes and share that special magic of cooking a meal from scratch with them. Bonus: they will learn the importance of cooking homemade meals!
  2. This year Valentine’s Day falls on a Thursday, meaning most of us have to work on Friday. If you’re feeling like you just want to spend your evening in relaxing, this is a great evening to treat yourself. Grab your favorite dessert or treat, curl up on the couch and watch one of your favorite movies. Spend some time enjoying your own company!
  3. Friends are one of the most important support systems, especially when you are dealing with divorce. If Valentine’s Day has you feeling down, try reaching out to your friends and seeing if any of them are also looking for something to do. Organizing an evening of fun is a great way to take your mind off of things and to share some laughter with that support system.

Signs Your Spouse is Looking for a Divorce

For many people, divorce strikes like a bolt out of the blue. One day, you are muddling along in the marriage, trying your best, but the next your spouse sits you down to tell you it is all over. No questions asked.

Should you have seen the writing on the wall? Many people point to common signs like fighting, infidelity, and emotional distance. But many couples can recover from those problems with a little work or couple’s therapy. Instead, the following are signs that divorce is imminent””and that your spouse does not want to try and save the marriage.

Your Spouse Makes Unexplained Withdrawals of Money

A husband or wife looking for a fresh start often tries to set themselves up financially by making large withdrawals from joint bank accounts. We are not talking about $10 or $20 taken from a checking account but large withdrawals of hundreds and thousands of dollars. When asked what the money is for, they have a vague story about family members needing a loan or a friend who had a medical emergency.

A spouse looking for divorce also might stop direct deposit to a shared bank account. This is also a sign that they are trying to set themselves up financially for an exit from the marriage.

Your Spouse is Spending More Time with the Children

In a custody fight, one factor a judge will look at is the extent of each parent’s relationship with their children. If your spouse has spent a lot of time away from home, then they will have a weaker case for custody.

For these reasons, a parent who is suddenly involved in their children’s lives could be thinking ahead about divorce. Watch for signs the parent is trying to document their relationship, such as signing homework or having their picture taken with the children. They could be collecting evidence to use in a custody fight.

Your Spouse Has Met with a Divorce Lawyer

Couples today are much savvier than their parents were about the legal implications of divorce. They will strive to protect themselves, and seeking out a lawyer’s advice is a logical step.

If your spouse has met with a divorce attorney, then you can expect that divorce is on the horizon. Protect yourself by meeting with a lawyer of your own. At Divorce Matters, our Aurora divorce lawyers have helped many men and women get the divorce that they want. Contact us today to schedule a comprehensive consultation.

Navigating Divorce when You Co-own a Business

Navigating Divorce when You Co-own a Business

In a divorce, a judge unwinds a couple’s financial entanglements. But what happens if you own a business together with your spouse? In addition to being co-owners, you probably both contribute to the business, and it will suffer if either one of you disappears altogether. For this reason, unwinding a couple’s finances when they own a business together presents unique challenges.

Decide What to Do with the Business

Divorcing couples have options for what happens to the business. For example, you can:

  • Sell the business to a new owner.
  • Buy out your spouse’s share of the business.
  • Continue owning and running the business jointly.
  • Close the business down entirely.

If the business is profitable, closing it down is probably not the best option. However, you should take a close look at how much money the business makes. Also assess your own desire to continue working in the business. A divorce might be the right time to cut the cord to your business””along with your spouse.

How to Sell a Business

If you want to sell to a new owner, you need to value how much the business is worth. This might be tricky. Many business owners hire a valuation company, but both spouses should agree on the company hired. Valuation companies charge high fees, and you want each spouse to trust the valuation report issued. What you should avoid is each spouse obtaining their own valuation, which simply creates another disagreement.

After valuing the business, you can advertise it for sale. You might also want to jointly hire a lawyer or broker to manage the sale. Again, both spouses should agree on who to hire. Disagreements about whether to sell can actually cause buyers to flee.

Buying Out Your Spouse’s Share

You will also need to value the business so that you know how much your spouse’s share is worth. If you cannot obtain a loan to buy your spouse’s share, you should discuss giving them marital assets of equivalent value. For example, you might take the business while your spouse receives the home and other assets.

Running the Business Jointly

This option, though not ideal, is also possible if you can separate your personal issues from business ones. According to Michelle Crosby, CEO of Wevorce, you should clearly define your business roles so that there is no confusion. You should also protect yourself by drafting a buy-sell agreement in the event one ex wants out of the business at some point in the future.

Speak with a Fort Collins Divorce Lawyer Today

At Divorce Matters, we help divorcing couples divide property, including family businesses, in a way that works for everybody. Contact us today, 720-580-6745, to schedule your free consultation with one of our Lakewood divorce attorneys.

 

Spring Cleaning After Divorce

Finally, spring has officially arrived! This is the time of year where you begin to uncover your patio furniture and open up the shutters and let the fresh air in. Spring cleaning is a great way to shake off the cobwebs of winter and make room for newness in your life. This can be particularly cathartic when you are dealing with divorce.

Divorce inevitably changes your financial situation. This is a great time to assess your finances as a whole and create a budget for the rest of the year. Take a look at your savings account and create a plan for adding money to this account as an emergency fund for a rainy day. Check your credit, clean up anything that is reported incorrectly, and create an action plan for improving your score. If you haven’t changed anything with your retirement plan recently it may be time to take another look and see if you want to change your investment strategy. Taking control of your finances is a great way to empower yourself and to gain control of your future.

Another area of your life you can try and improve is your physical and mental health. It’s important to make sure you are taking care of yourself and sometimes this can fall by the wayside, especially when you are going through divorce. Now that the weather is turning warmer, get outside and get some physical activity in! This can be incredibly beneficial for you physically but it also offers other important mental health benefits. Studies show that physical activity can relieve stress, boost your overall mood, and help you sleep better.

And finally, take some time to clean your home in traditional spring cleaning fashion. Make use of this time to get rid of things you no longer need so you can make way for new things. Deep clean everything and open up your windows to the fresh air. Just the act of cleaning is often stress-reducing and when you’re done you’ll have knocked spring cleaning off of your to-do list.