December 2, 2017

Can I dismiss my Colorado divorce case?

As a Colorado Family Law Lawyer, I handle many high conflict divorce and child custody cases where parties are in high conflict. Often times, clients come into my office angry, upset and in a high emotional state. When clients make the decision to officially file for divorce, the decision is never one that is made on a whim. Clients put time and thought into deciding if their marriage is ending and if their divorce is beginning.Although I am a Colorado Springs divorce attorney, I am an advocate of marriage. I believe that each dissolution of marriage case is different. Just because you choose to file for a divorce does not mean that it absolutely must happen. At times, clients approach me and ask if they can dismiss or stop the divorce process. When a client asks this, I provide two choices for the client.

Pausing Your Divorce Case: The first choice I tell my clients is that they can pause their divorce case by filing a Motion for Stay of Proceedings. The Motion for Stay of Proceedings allows the parties (both Husband and Wife) upon agreement to put the dissolution case on hold for a period of time. Usually, the case can be put on pause for around thirty (30) to ninety (90) days. During the stay, the parties usually work on their relationship and decide if the divorce is still necessary or not. I always tell my clients to use this time to work on the relationship and work on themselves. At the end of the stay, the parties can either decide to continue the divorce case or dismiss the case in its entirety.

Dismissing Your Divorce Case: The second choice I tell my clients is that they can dismiss the case outright. The dismissal has to be agreed upon by both parties, Petitioner and Respondent. If the dismissal is granted by the Court, then in order to proceed again the filing party would have to pay fees again to start up the case again.

Just because you begin a Colorado divorce case does not mean that you are trapped or stuck in completing it. If both parties want to dismiss the case or pause the case then there are remedies in place to make that happen. Do not let anyone tell you that just because you file for divorce you are stuck in it, remember to do what is best for you. Make sure you can say that you did everything you needed to for either stopping the case or moving forward.

If you have questions or need options for your El Paso County divorce case, contact the Family Law Lawyers at Springs Law Group LLC at (719) 299-5777. We are here to help you with your case.

Jacob Kimball is a Civil Litigation and Personal Injury Attorney who practices in Colorado Springs, CO. He graduated from the Ohio State Moritz College of Law, and has been practicing law for 13 years now. Jacob Kimball firmly believes in fighting for the injured. Learn more about his experience here.

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