October 27, 2017

Can a divorce happen outside the courts?

As a Family Law Lawyer in Colorado Springs, I handle many cases including divorce, child custody and modification cases. A common goal of many clients is trying to figure ways to keep their case out of the courts. However, a divorce cannot be finalized and official without the courts being involved in some way or another. There are ways to limit the involvement or need for court intervention.

Keep It Simple  

The best way to reduce the amount of court involvement in your case is to keep your divorce case simple. I am a de-escalate the situation attorney and believe in having reasonable settlements or agreements made by the parties and not the courts. The great thing about an agreement is that the parties or husband and wife have control in the creation of the agreement and the terms of the agreement.

A divorce case that is uncontested or where there are no fights is a case can usually be seen by the court sooner than a contested case. The simpler and more uncontested your divorce is, the sooner you will actually be divorce.

Do The Work

One piece of advice I give my clients is to stay actively involved in your case. In other words, do the work. The more involved you are in your case, the more you can speak to the issues like, property, debts, spousal maintenance, child support and parenting time issues.

Fight The Smart Fight, Not The Emotional Fight

I truly believe in the motto of, fight the smart fight, not the emotional fight in your divorce matter. A divorce is an emotional time in the lives of those involved, and it should be. However, knowing who your audience if you choose to go to court is so important. Your audience is a judge or magistrate. The judge or magistrate must make a ruling based on the law and facts of the case, they do not make rulings based on feelings.

Decree Of Dissolution Of Marriage

Per C.R.S. 14-10-106, Dissolution of Marriage, is says the court shall enter a decree of dissolution of marriage when, the court finds that one of the parties have been domiciled in the state for ninety-one days next preceding the commencement of the proceeding; the court finds the marriage is irretrievably broken; and the court finds that ninety-one days have elapsed since it acquired jurisdiction over the respondent.

At the end of the day, you will need the court to sign a document called a “decree of dissolution of marriage” which is the divorce decree. The decree will make your divorce official and finalized. Without this official document in Colorado, you will not be divorced. If you and your spouse separate, but do not get divorced with a divorce decree, then you are still legally married, but just living separately physically.

Thus, you do need the courts to make your divorce official, but there are ways to be involved in your case to make the process go faster and to minimize the need for heavy involvement from the courts.

If you have questions about your divorce or are thinking about a divorce in and around Colorado Springs, please contact the lawyers at Springs Law Group for a free consultation. We are here to help you.

Christopher Nicolaysen is a Family law Attorney who practices in Colorado Springs, CO. He graduated from Denver Sturm College of Law, and has been practicing law for several years now. Christopher Nicolaysen is passionate about helping you solve your family matters. Learn more about his experience here.

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