What is the 91 day waiting period?

Colorado requires that parties wait 91 days after the filing of a petition before a decree can be entered.  The 91 day waiting period applies to all situations, even when both spouses agree to dissolve the marriage.  The Court cannot waive or shorten the waiting period. 

This period provides parties time to help couples examine any second thoughts they might have about divorce, prevent hasty divorces, time to meet with attorneys and/or LLP’s, mediators and to prepare the mandatory accords for the Courts to enter orders on Separation Agreements, Parenting Plans, Child Support and/or Maintenance.

What is Contested and Uncontested Divorce?

A contested divorce is a type of divorce where the spouses cannot agree on one or more important issues related to the divorce.  These issues could include the division of property, spousal support, parental responsibilities, child support, or other significant matters.  When a divorce is contested, the spouses are in disagreement, and it often requires legal intervention to resolve the disputes.  Colorado Courts mandate mediation in all contested divorce cases.

The more disagreements the parties have, the longer it will take for the divorce to be finalized.

An uncontested divorce is a type of divorce where the spouses agree on all the major issues related to the dissolution of their marriage, which may include, division of property, spousal support, child support, and parenting plan. 

In uncontested divorces, paperwork can be prepared for both party’s signature and filing with the Court at the beginning of the case and depending on the District, after 91 days a Decree of Dissolution will be entered.

Can my child decide where they live?

No.  This is a very common myth, and there is no set age when a child gets to choose which parent to live with.  As a child gets older, however, the child’s preferences is given more weight by the Court.

How much will my case cost?

It’s important to understand that no two divorce cases are the same, and as a result, the costs of a divorce can vary widely. Several factors influence the overall cost of a divorce, making it difficult to predict or calculate the exact expenses without knowing the specifics of a particular case. Here are some key reasons why divorce costs are so variable:

1. Type of Divorce (Contested vs. Uncontested)

• Contested Divorce: This type of divorce typically involves lengthy legal battles over issues like property division, child custody, spousal support, and child support. Because it often requires multiple court appearances, expert testimony, and negotiations, the costs can quickly escalate due to attorney fees, court fees, and other legal expenses.
• Uncontested Divorce: An uncontested divorce generally costs much less because both spouses agree on the terms, and there’s minimal court involvement. However, even within uncontested divorces, legal fees for document preparation and filing can vary depending on the complexity of the agreement.

2. Complexity of the Case

• Asset Division: If the couple has complex assets, such as multiple properties, businesses, investments, or retirement accounts, the division can be more complicated and require experts (e.g., financial analysts or accountants), which can increase costs.
• Child Custody and Support: Cases involving children may require evaluations, custody arrangements, or support calculations that need to be reviewed by experts or mediators, adding to the cost.
• Spousal Support: Disputes over whether spousal support should be awarded, how much it should be, and for how long can make a divorce more complex and expensive to resolve.

3. Legal Representation

• The type of lawyer and/or LLP and their experience can significantly impact the cost. High-profile or experienced divorce attorneys may charge more, while less experienced lawyers or those in smaller firms may be more affordable.
• The number of attorneys involved and the length of time they are needed can increase costs.

4. Mediation or Litigation

• Mediation: In some cases, mediation is mandatory to resolve their disputes with the help of a neutral third party. While mediation can be cheaper than litigation, it’s still an additional cost to consider, and its effectiveness depends on the willingness of both parties to cooperate.
• Litigation: If the case goes to court, the costs increase due to attorney fees, court costs, and the time spent on hearings and trials.

5. Time Duration

• Some divorces take months or even years to finalize, especially if there are contentious issues or delays in negotiations. A prolonged divorce means more legal work, meetings, and court appearances, all of which contribute to higher costs.

6. Emotional and Psychological Factors

• The emotional state of the spouses can impact the divorce’s duration and cost. If one or both parties are highly contentious or unwilling to negotiate, it could lead to a longer, more expensive legal process. In contrast, cooperative and amicable divorces tend to be quicker and cheaper.

Conclusion:

Since each divorce is unique, it’s impossible to give an accurate estimate of costs without fully understanding the circumstances surrounding the case. The complexity, type of divorce, and legal representation all play a crucial role in determining the total expenses. The only way to get a clear understanding of the costs involved in a particular case is to consult with us, so we can assess the specific situation and provide a more tailored estimate.

Nolo survey says:

The average (adversarial) divorce costs $15,500.