Ending a marriage can be a difficult process, but what happens at the Douglas County courthouse during a divorce? The answer depends on the type of divorce being filed, the divorcing spouses’ attitudes toward one another, and the overall complexity of their case. If you are preparing for divorce in Douglas County, it is important to know what to expect during your courtroom proceedings and your options for resolving your case as smoothly as possible.
What Happens at the Douglas County Courthouse During a Divorce?
Many divorcing couples in Colorado and throughout the US explore alternative dispute resolution to not only save time and money on their divorce proceedings, but also to avoid as much litigation as possible. However, this is not always possible. For alternative dispute resolution to be a viable option, both spouses must agree, and they must be able to reach mutually acceptable terms in their negotiations. If they cannot, litigation will be unavoidable.
Colorado’s divorce rate was 2.8 per 1,000 residents in 2023, according to the Centers for Disease Control and Prevention (CDC). While couples may decide to divorce for various reasons, Colorado is a pure no-fault divorce state, meaning all divorces are filed on a no-fault basis. However, tensions between divorcing spouses can make amicable negotiations challenging or impossible.
Whether you and your spouse are able to partially negotiate terms for your divorce through alternative dispute resolution and must take the remainder of your issues to court, or you are fully litigating your divorce, it is vital to know what to expect. When it comes to what happens at the Douglas County courthouse during a divorce, this will depend on the specifics of your case and the issues you and your spouse must resolve.
Understanding the Divorce Litigation Process in Douglas County
Divorce begins when you or your spouse file a Complaint for Divorce with the Clerk of Superior Court at the Douglas County Courthouse. This initiates divorce proceedings, and papers are served to the filing party’s spouse. They must submit a response; otherwise, the court may issue a summary judgment in favor of the filing party.
At this point, there could be temporary hearings regarding disputes over household expenses, child custody, or use of the marital home. A divorce case may begin with various temporary orders that establish each divorcing spouse’s rights and responsibilities for the early stages of their case, effectively setting ground rules that both spouses must follow. Later in the case, these temporary orders could be transformed into permanent orders or altered as necessary.
In some divorce cases, the court will require the divorcing couple to engage in mandatory mediation, parenting seminars, or other attempts to resolve their divorce outside of court. Some divorces are uncontested, meaning both parties agree to divorce and can negotiate mutually acceptable terms. Others are not, and a contested divorce will need to be resolved through litigation, covering every item that must be addressed until a divorce order can be finalized.
Divorce litigation may be resolved through a bench trial with a judge or through a jury trial. Generally, these are rare because most divorcing couples will want to attempt everything they can to streamline divorce proceedings as much as possible. However, if you and your spouse are hostile toward one another, it is vital to know what happens at the Douglas County Courthouse during a divorce.
Fuller & Ahern, P.C. can help you prepare for your divorce proceedings at the Douglas County Courthouse. Whether you wish to avoid litigation as much as possible or you are bracing for protracted courtroom proceedings, we can assist with every step of your case. We have years of experience helping our clients throughout the area with all types of divorces, and you can trust our team to uncover all of your options for resolving this difficult case as efficiently as possible.
FAQs
Does it Matter Which Spouse Files for Divorce in Colorado?
In Colorado, it matters which spouse files for divorce only in terms of setting the pace of proceedings and having a strategic advantage with filings. It’s generally better to have your spouse responding to your motions and filings rather than vice versa. However, all divorces in Colorado are processed on a no-fault basis, so being the filing party does not mean you will be seen as the “victim” in your divorce case, nor does filing confer any direct legal advantage.
How Long Does Divorce Litigation Take in Douglas County?
The time that divorce litigation may take in Douglas County largely depends on how amicable the divorcing spouses can be toward one another and whether they can resolve any issues in their case through alternative dispute resolution. Some cases may be resolved within a few months, while more complex and contested cases could take much longer. Your attorney can estimate what to expect with your case’s timetable.
How Is Property Divided in a Douglas County Divorce?
In a Douglas County divorce, property is divided according to Colorado’s equitable distribution rule. Each spouse may keep certain types of separate property, and all marital property must be divided as fairly as possible. It is important to remember that this does not mean each spouse will receive exactly half of their marital property; many factors will determine how much each divorcing spouse receives.
Why Should I Hire a Divorce Lawyer?
You should hire a divorce lawyer to have a better chance of resolving this case as smoothly as possible. Whether you and your spouse can agree to try mediation or other alternative dispute resolution outside of court, or you must litigate the entirety of your divorce, you have a significantly higher chance of reaching a favorable outcome with legal counsel you can trust to handle your divorce.
The team at Fuller & Ahern, P.C. has extensive experience representing clients in Douglas County divorce cases, and we are confident we can provide unmatched counsel for your upcoming divorce case. If you are wondering what happens in the Douglas County Courthouse during a divorce, contact us today to schedule a 100% free consultation with an experienced divorce attorney you can trust.
