Going through a domestic court proceeding is difficult enough if you know what to expect, but when you don’t it can be a truly harrowing experience. My goal with this article, and the next, is to help you understand the basic procedure of two of the most common types of domestic court cases: dissolution (or divorce) cases, and allocation of parental rights (or custody) cases. I will be covering the first several steps of these types of domestic cases in this article, then will follow-up with a second article that will pick up where this one leaves off and will continue through the rest of the procedure.
Please note that the information covered here only applies to these types of cases in Colorado. Domestic proceedings are heavily influenced by state laws and procedures, and cases outside of Colorado may look nothing like what is described here. If you are wondering about the procedure in domestic cases anywhere outside of Colorado you should either research the steps in that state specifically or contact an attorney in that state.
Dissolution and parental rights cases in Colorado largely follow the same basic steps, regardless of the length of marriage, if there are minor children (in a dissolution case), the income and assets of the parties, and most other factors. Some circumstances require specific actions and approaches, but the basic steps to dissolution and allocation of parental rights cases are the same and are outlined below. Certain circumstances will make the process more in depth and more complex, but the basic procedure is still the same. Also, certain jurisdictions and courtrooms have their own specific procedure that may not follow the steps outlined below exactly, so be sure to closely review all pleadings in your case.
Those basic steps to a domestic case in Colorado are:
1. Initial Pleadings
The Colorado Judicial Branch provides template pleadings, instructions for completing and filing the pleadings, and flowcharts outlining the procedural basics which can be found here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108.
The first step to any new dissolution of marriage or allocation of parental rights case is to file the initial pleadings with the Court, which will allow the Court to open a case and start the process. The initial pleadings will include at least a Petition for Dissolution of Marriage (or Petition for Allocation of Parental Rights), a Case Information Sheet, and a Summons. Once these documents are completed they must be either mailed or hand delivered to the Court, along with a check for the filing fee.
Once the initial documents are filed, the Court will issue a Case Management Order detailing the specific requirements for each party. You need to carefully review the Court’s Case Management Order, and it is a great reference if you have questions about deadlines or the next step at any point during the proceeding.
In addition to being filed with the Court, the initial pleadings also need to be served on the other party, which means that party must either sign a Waiver and Acceptance of Service, or be personally served by someone over 18 and not associated with the case. Please note that if the parties are filing “jointly,” meaning that they are signing and submitting the Petition together, there is no need to either file a Summons or have either party served with the paperwork.
The Colorado Judicial Branch provides template pleadings, instructions for completing and filing the pleadings, and flowcharts outlining the procedural basics which can be found here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=108.
2. Initial Status Conference
Not long after the Court opens the case you will need to schedule what’s known as an Initial Status Conference. Some jurisdictions schedule the Initial Status Conference with the judge, while others schedule it with a Family Court Facilitator, who is an employee of the Court who will make sure that the case is progressing as it should. Either way, the Initial Status Conference is an opportunity for all parties to discuss where the case is in the process and what needs to be scheduled or addressed with the Court. The Initial Status Conference is typically just a scheduling meeting more than anything else, and unfortunately it is typically not an opportunity to get into any substantive issues involved in the case.
3. Financial Disclosures/Discovery
Shortly after filing the initial documents (or serving them on the other party,) both parties need to start working on collecting their mandatory financial disclosures and completing a Sworn Financial Statement. The disclosures must be exchanged, and the Sworn Financial Statement must be filed, within 42 days of filing the initial pleadings or service of the other party, whichever is later. The Sworn Financial Statement is a document that lays out the incomes, expenses, assets, and debts of each party, and will be used to assist the parties, and the Court, in determining the appropriate division of assets and maintenance orders in dissolution cases and the appropriate child support order if parental rights are before the Court.
Beyond the mandatory disclosures discussed above, each party has the right to request additional discovery from the other party under C.R.C.P. 33 and 34. A wide range of information can be requested as discovery, and you should consult with an attorney if you feel that discovery is required in your case. For other thoughts on if you need an attorney, refer to my earlier article titled “Should I Hire A Family Law Attorney?” That article can be found here: https://www.dillielaw.com/blog/should-i-hire-a-family-law-attorney/.
Temporary Orders:
If you believe that a temporary orders hearing is necessary in your case, you should speak with an attorney about your circumstances.
There are times that parenting time or financial issues need to be addressed before the final hearing, which can often be many months after the initial pleadings are filed with the Court. In situations where parenting time, maintenance, access to funds, or other issues need to be addressed while the case is pending, the Court can authorize a temporary orders hearing to address those issues. The temporary orders hearing will be a formal hearing before the Court, much like a permanent orders hearing in these cases, but is limited to issues that cannot wait for the permanent orders hearing. If needed, a temporary orders hearing needs to be requested and scheduled as early as possible.
If you believe that a temporary orders hearing is necessary in your case, you should speak with an attorney about your circumstances as these hearings are governed by complex rules of procedure and rules of evidence that attorneys spend years mastering.
Colorado Family Law Procedure Part 2, covering the rest of the basic steps for dissolution and allocation of parental responsibilities cases, can be found here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-2/. If you have any specific questions about your case or Colorado’s procedure for dissolution or allocation of parental rights cases don’t hesitate to contact me directly by email at DillieLawOffice@gmail.com or by phone at (720) 507-3105.