Anatomy of a Divorce Case I

This article presents an overview of the structure of a typical divorce case in Colorado. It provides a general summary of the different steps involved in the Court process. Your case may be different depending on various factors such as whether the parties are represented by lawyers.

A divorce case is a lawsuit similar to other lawsuits such as negligence arising from an automobile crash injury. However, instead of a plaintiff and a defendant, there is a petitioner and a respondent; and, instead of a complaint, there is a petition. The petition requests that the court enter an order, a decree, for divorce. The respondent files a response to the petition. The petitioner must be a resident of Colorado for not less than 90 days preceding the filing of the petition.

Once the petition is filed with the court, the court has jurisdiction (power) over the petitioner. Once the petition and a summons are served on the respondent, the court has jurisdiction over the respondent. The respondent can be served in three ways. The most common are personal service by a process server – a deputy or other process serve gives a copy of the summons and the petition, or the respondent signs a waiver and acceptance of service. If the respondent can’t be located, service by publication is the alternative.

Once the petition has been filed and the respondent has been served, the court cannot divorce you until a minimum of 90 days have passed. One the petition is filed and the respondent is served, an automatic injunction goes into effect that prevents the parties from doing things like taking the children out of state without the consent of the other party or an order of the court. The automatic injunction also prevents doing other things without the other party’s consent like transferring marital property or canceling health, auto, or life insurance.

So, your case has been filed and the other party has been served with the paperwork. You now have a court case. The next step is an initial status conference. The purpose of the initial status conference is for the court to take an active role in managing the case. Think of the initial status conference as the first hearing in your case. The Court will enter an order regarding things like future scheduling and the exchange of financial information between the parties.

The exchange of financial information between the parties is critical to the whole process. The law provides for mandatory disclosure. The idea is that the parties and the court can make the best decisions only if they have complete and accurate financial information. Don’t even think about withholding relevant financial information. If you are dishonest, your credibility will be lost and you may be subject to other sanctions.