Divorce Litigation

A contested divorce occurs when the parties who are ending a marriage are not able to create an agreement regarding the issues that must be settled when the marriage ends. A contested divorce is a contrast to an uncontested divorce, and the process if more complicated. As such, the length of time for proceedings in contested divorce Colorado can vary and there is no one set time limit or maximum duration of time for a contested divorce. 

Understanding the Contested Divorce

  • In an uncontested divorce, the spouses draft their own agreement on issues regarding the division of assets, debts and child custody. They make decisions together on support and other issues and they present a finished product, along with a petition for divorce, to the court. The court then signs off to make everything legally valid and the marriage ends
  • In a contested divorce, a judge must hear arguments on all undecided issues. There may be witnesses, expert testimony, and a whole array of evidence and exhibits presented to the court. This, naturally, takes much longer than coming in with a finished agreement.

The amount of time that the contested divorce process takes can vary based on a number of factors. These factors include:

  • The court docket. If it is backed up in your local family court, you may need to wait to even get a court date
  • The amount of issues to be decided. If you have agreed upon everything except for one decision, such as who gets the house, the court will be able to rule on that one issue relatively quickly. If you have agreed on nothing and the court must divide up all assets and debts, as well as decide issues of support and custody, then things can drag on for months or even years.

One way to help speed up the process of a Colorado contested divorce is to hire a lawyer to guide you through the legal system. 

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