To initiate a divorce, the filing party must submit a petition for dissolution of marriage, domestic relations information sheet, and summons with a filing fee. Then, the petitioner must obtain service of these documents on the other party.
A divorce petition entails the following: information about the petitioner and respondent as well as their names, addresses, phone numbers, emails, their length of residence and dates of birth, their date and place of marriage, date of separation, whether the parties are expecting a child or not, information about the children born during the marriage if any, and whether there are any protection orders between the parties in place. A skilled attorney could help you through the initial stages of the divorce process in Colorado Springs.
Once the receiving spouse or respondent is served, they need to review the petition to make sure the information is accurate. If it is not accurate or there is missing information, they need to file a document called a response to petition for dissolution of marriage.
If both parties are in agreement, then both should sign the petition as petitioner and co-petitioner. This way, services are automatically completed, as both parties are availing themselves to the process. One of the important steps that parties should take after the initial case has been filed is to educate themselves. It is important to know and understand the process, such as understanding the roles of everyone a party may encounter during the divorce.
In Colorado Springs, a divorce case is assigned to a magistrate, which would be a letter division, and a district court judge which would be a number division. Generally, the magistrate hears temporary orders hearings and uncontested final orders hearings. The district court judge hears contested final workers hearings.
During the initial stages of the marriage dissolution process, the magistrates and judges are responsible for reviewing the cases and making sure they are moving along properly.
When a person should hire an attorney varies by case. Sometimes parties do not need to bring an attorney on at all. Other times parties may want to start a case on their own and see if things remain amicable with their ex-partner. In cases where the divorce is contested, one of the initial steps someone should take is hiring a Colorado Springs attorney. In these situations, a lawyer could help take stress off the party filing and control the situation from a conflict standpoint
It is important to note that if the petition is contested, there could be additional testimony and evidence regarding the status of the marriage and if it was irretrievably broken or not.
If there’s full agreement on the terms of the divorce, then the fastest way to obtain a divorce is to file a Separation Agreement and a parenting plan if there are children in the case.
In the initial stages of the divorce process in Colorado Springs, an attorney’s role is to guide the client and to make sure that all the information and pleadings are correct before filing. A lawyer also should make sure their client is aware of deadlines in their case, and any processes and upcoming hearings. If you need help with filing for divorce, call today.