Call Us Now
Email Us Now
Even an amicable divorce is stressful and exhausting. When your spouse doesn’t act decently—hoards assets, demands full custody of the children, or simply refuses to be served—you need strong social and legal support to get through the process.
The Colorado divorce process is intended for a relatively civil dissolution of marriage. But the “pinch points” of a contentious divorce are generally the ones that will cause the other partner the most pain: child custody, division of property, and spousal support. Our attorneys understand how to handle these issues when hostile partners are involved—or refuse to be.
Divorce in Colorado Springs under Tough Circumstances
Colorado Springs residents must file petitions for divorce with the 4th Judicial District Court in El Paso County. If the two spouses do not file a joint petition with the court, the spouse who files the petition must have the papers served on the other spouse. A reluctant or petty partner may try to run out the clock by deliberately avoiding service. Even so, family law attorneys know how to find them or, as a last resort, have them served by publication.
After service, the law requires a 91-day waiting period before the divorce can be granted. During that time, the case moves forward. The court requires both parties to file:
- Sworn financial statements
- Supporting schedules of assets
- Other financial documents, if requested by the court
- A full or partial separation agreement, if one has been reached
- For those with minor children, child support worksheets and a parenting plan
- For parents of dependent children, notice of any involvement with social services or government assistance
- Notice of any restraining orders or protection orders to prevent domestic violence against either party in the last two years
Source: El Paso County (1, 2) and Co. Code §§ 14-10-107.7, 107.8.
In Colorado, the couple’s marital property consists of everything that each spouse acquired after marriage, with certain exceptions (such as gifts, inheritances, and property acquired after legal separation). See § 14-10-113. Marital property is subject to equitable distribution between the partners. When the property involves a complex history of acquisitions and earnings, a divorce attorney may need to move for further discovery—financial disclosures—especially if the other party attempts to distort the facts.
In a difficult divorce, you may need to file for orders for “temporary payment of debts, use of property, maintenance, parental responsibilities, support of a child of the marriage entitled to support, or payment of attorney fees …” A spouse can also ask the court to forbid the other spouse from:
- Concealing, transferring, or selling property—or accounting for the property at issue, if they do so
- Disturbing the peace of their spouse or child(ren)
- Banning their spouse from the home if physical or emotional harm would result
See Co. Code § 14-10-108.
Unless the parties can file a stipulated case management plan, there will be a mandatory initial status conference (ISC) with a family court facilitator within 42 days after the petition. These documents should be filed before the ISC takes place.
At the ISC, the court facilitator will determine the issues to be settled in the case. A divorce may be contested because one partner refuses to agree on one of the major issues or does not want to divorce at all. But if one partner does not appear at the ISC, they can lose their opportunity to be heard.
Contention Before the Court
When a divorce is contested, the court in the Fourth Judicial District requires the parties to undergo mediation or alternative dispute resolution (ADR). Ideally, mediation or ADR allows a neutral third party to hear the parties out, review their financial disclosures, and lead them to an agreement so that a hearing is unnecessary.
However, mediation is prone to abuse by a partner who is pathologically dishonest or unsafe to be around. If you have suffered domestic violence—physical or psychological abuse—you can file a request for exemption from mediation. You can also request exemption if you have previously tried and failed mediation or ADR with your spouse.
In a situation where mediation has failed or cannot go forward, the court will set a Final Orders Hearing to make its decisions and issue orders of dissolution, property division, parenting, and support. (Despite the name, the court may be open to modifications of support and parenting orders.)
By the time of this hearing, an experienced family law attorney in a high-conflict divorce will have compiled extensive discovery and disclosures in order to protect their client. Colorado courts favor mediation and agreements to settle divorces, and if the attorney can show that the other partner has consistently brought unnecessary conflict, the judge will not look kindly on them.
Let Us Help You
Family law attorneys see the worst of human nature, but also the best. At Liberty Law Center, we understand what is at stake in a contested divorce proceeding, and we want to defend you and your children at this crucial time.
In a high-conflict divorce, you may face a partner who wants to scare or frustrate you into submission. Our attorneys know what to expect—even when people do the unexpected—and we won’t let that happen. Call us at 719-602-7381 to schedule your free initial consultation.
