Understanding the 90-Day Separation Period in Colorado

Divorce is a complicated journey, and understanding the legal requirements in Colorado is crucial to navigating it effectively. One of Colorado's most significant aspects of divorce is the mandatory 90-day separation period. This requirement plays a pivotal role in the divorce process, and understanding its implications can help you prepare for what lies ahead.

What is the 90-day Separation Period?

In Colorado, the state requires a 90-day separation period before finalizing a divorce. This period serves as a cooling-off phase, designed to give both parties time to reconsider their decision and ensure that divorce is the appropriate course of action. During this time:

• The court will not finalize the divorce, even if all other aspects, such as asset division and child custody, have been agreed upon.
• The 90-day separation period begins on the day that the divorce petition is filed with the court and the respondent (the other spouse) is officially served with the divorce papers.
• This period is mandatory, and the court cannot waive or shorten it, regardless of the circumstances.

Why Does Colorado Require a 90-day Separation Period?

The primary reason for the 90-day separation period is to provide a window of opportunity for reconciliation. Divorce is a life-altering decision, and the state of Colorado wants to ensure that both parties have sufficient time to reflect on their choices and explore possible alternatives to ending their marriage. This period can also help alleviate some of the emotional stress associated with divorce by giving both parties time to adjust to the reality of their situation.

Additionally, the 90-day separation period allows for:

• Negotiations: Discussing asset division, alimony, child custody, or other significant matters.
• Structured Conversations: Ensuring that decisions are made thoughtfully and without the pressure of an immediate deadline.

How Does the 90-Day Separation Period Work?

Once the divorce petition is filed, the 90-day separation period officially begins. There are several events that can take place during and after this time.

• Temporary Orders: The court has the power to issue temporary orders early in the process. These orders address immediate concerns such as living arrangements, child custody, spousal support, and the use of marital assets. Temporary orders help maintain stability until the divorce is final.
• Discovery Process: The 90-day separation period is often used to gather and exchange information between the spouses. This process, known as discovery, involves disclosing financial information, assets, debts, and other relevant details. The discovery process ensures transparency and helps both parties make informed decisions.
• Mediation: If disputes arise during the 90-day separation period, mediation may be recommended or required. Mediation requires a neutral third party who helps facilitate discussions and negotiations between the spouses. It's an opportunity to resolve disagreements without going to trial, which can save time and money.
• Parenting Classes: Colorado law requires both parents to attend parenting classes if the divorcing couple has children. These classes aspire to help parents understand the impact of divorce on children and provide guidance on co-parenting effectively. The 90-day separation period is often when these classes are over.
• Preparation for Finalization: As the 90-day period nears its end, both parties, along with their attorneys, begin preparing for the finalization of the divorce. This includes drafting the final divorce decree, which outlines the divorce terms, including the division of assets, custody arrangements, and support obligations.

What Happens After the 90-day Separation Period?

The court can finalize the divorce once the 90-day separation period has elapsed. However, each case is different, and oftentimes, it takes longer to finalize the divorce. Several factors influence the timeline for finalizing a divorce, including:

• The complexity of the case
• The level of cooperation between the spouses
• The court's schedule

If both parties agree on all the issues, they can submit a settlement agreement to the court. The judge will go over the agreement, and the divorce will be finalized if it meets the state's legal requirements. In cases where disputes remain unresolved, the court may schedule a hearing or trial to address the outstanding issues.

It's important to note that the 90-day separation period is a minimum requirement. The divorce process can take much longer in some cases, particularly those involving complex financial matters or contentious custody disputes. Patience and a willingness to negotiate are essential during this time.

The Role of Johnson Law Group

At Johnson Law Group, we understand that the 90-day separation period can be a time of uncertainty and emotional turmoil. Our experienced family law attorneys are here to guide you through every step of the process. From filing the divorce petition to negotiating a fair settlement, we are committed to:

• Protecting your rights
• Helping you achieve the best possible outcome

Our team has extensive experience handling divorce cases in Colorado. We understand the nuances of the state's divorce laws. We can provide you with the legal support you need during this challenging time. Whether you're concerned about asset division, child custody, or alimony, we will address your concerns and advocate for your interests.

Contact Our Team Today

The 90-day separation period is a crucial component of the divorce process in Colorado. It serves as a time for reflection, negotiation, and preparation. While the waiting period may seem daunting, it's important to remember that its purpose is to protect your rights and ensure that all decisions are made with careful consideration.

If you're facing a divorce in Colorado, having an experienced attorney at your side can make a big difference. Johnson Law Group is here to provide you with the guidance and support you need to navigate the 90-day separation period and beyond. Contact us today at 720-445-4444 to schedule a FREE consultation and learn how we can assist you during this challenging time.

Subscribe To Receive Important Information

Join our email list to receive the latest news and updates from our Family Law Team.

SUBSCRIBE!

Thank you for subscribing to Johnson Law Group. You will now start receiving important information.