In Colorado, understanding the waiting period for a divorce helps you plan the process. Knowing how long it takes impacts your next steps and the separation process. The waiting period depends on your case’s circumstances, but specific rules govern the process.
Colorado’s mandatory 90-day waiting period
Colorado law sets a mandatory waiting period of 90 days from the day you file for divorce until the court finalizes it. This waiting period applies to all divorce cases, whether you and your spouse agree on the terms or not. The 90 days provide time for couples to reconsider, finalize agreements, or resolve any outstanding issues.
The 90 days begin when you file the divorce petition with the court. During this time, the court may schedule hearings to discuss matters like child custody or property division, but it cannot issue the final divorce decree until the waiting period ends.
Can the waiting period be waived?
Most of the time, the 90-day waiting period cannot get waived. However, exceptions exist in certain cases. For example, if one spouse faces abuse or a threat to safety, the court might speed up the process. This would require presenting evidence to support the need for an expedited process, and the court may hold additional hearings to assess whether the court should reduce the waiting period.
What happens after the waiting period?
After the 90-day waiting period ends, the court can schedule the final divorce hearing. If you and your spouse have settled all terms, the court will issue the final divorce decree to end the marriage. If any issues remain unresolved, the court will address them before finalizing the divorce.
Though Colorado sets 90 days as the minimum waiting period, other factors might lengthen the process. For example, if the divorce involves complex issues like child custody, property division, or spousal maintenance, the timeline could extend.
Understanding the waiting period helps you plan your divorce in Colorado. It’s just one part of the process, and you’ll need to prepare for other steps that may occur during this time.