Can I Really Be Divorced 91 Days After I File?
Getting divorced is never easy, but understanding the timeline can help ease some of the stress. If you’re wondering how long it takes to get a divorce in Colorado, the answer may surprise you. Colorado law has a mandatory 91-day divorce waiting period, but that doesn’t mean your divorce will be finalized exactly 91 days after filing. Learn how the Colorado divorce waiting period works, what factors can delay your case, and how to best prepare. If you need help navigating your divorce, the experienced family law attorneys at Plog & Stein, P.C. are here to guide you. Contact us today: (303) 781-0322
Understanding the Colorado Divorce Waiting Period
One of the most common questions people might ask when dealing with a Colorado divorce is how long their case will take to be done. Under Colorado Revised Statutes, C.R.S. 14-10-106 (1)(a)(III), there is a mandatory waiting period of 91 (ninety-one) days from the date of either a joint filing or service on the responding party before a divorce can be completed. As such, the minimum amount of time a divorce case can take is 91 days. A waiting period is common in most states and is often designed to give people enough time to truly ponder whether they really want to go through with the divorce. Oftentimes, people presume that because the 91-day waiting period is prescribed by statute that their divorce will take 91 days. Generally, this is just not the case.
Can You Be Divorced Exactly 91 Days After Filing?
Any Denver divorce lawyer knows that a divorce case will take only 91 days under two scenarios. The first scenario would be one in which the parties complete all paperwork necessary to get the divorce done prior to filing the case. This would include the petition, case information sheet, mandatory financial disclosures, a separation agreement, a parenting plan (if applicable), a support order (if applicable), and a proposed decree of dissolution of marriage. Presuming there are not technical deficiencies in the filing the parties should be able to be done in approximately that 91-day time frame, or shortly thereafter, depending on how quickly the court addresses things after day 91.
The other instance in which parties might be done at the 91 day mark would be when the case gets filed by one, or the other, or both, and they are able to come to terms very quickly and get all paperwork done and filed before day 91. In essence, a divorce is going to be done in, or around, that 91 day mark only if there is complete agreement between the parties.
Factors That Affect How Long a Divorce Takes in Colorado
The reality is that most divorce cases take somewhere between 5 to 8 months to finish and closer to the 8 months if there are contested issues requiring a hearing in from of a Denver family law judge. Each family and each divorce is going to be different. How long a case takes will generally hinge upon each spouse’s level of willingness to come to agreements on the relevant issues. It can also hinge on the complexity of those issues.
Though the average family might have marital assets which are readily valued and easy to allocate or divide, others may not. Parties with no real estate have less work to do than those who own a home. As marital property generally needs to be assigned a value, it’s quite common for parties to need to coordinate an appraisal of the marital home. This takes time. Some families with complex marital estates might have multiple real estate holdings, in multiple locations. Some property might be residential, some might be commercial.
In addition to property valuation issues, time may be need for other experts to assess and weigh in. Perhaps there is a need for an occupational evaluation to assess one of the spouse’s earning potential tied into a child support or alimony argument. There might also be child custody or visitation issues necessitating a child and family investigator or a parental responsibilities evaluation. The process tied into a child custody expert will often entail extensive paperwork, multiple meetings, a home visit, and a great deal of schedule juggling and coordination. Most experts of this nature are going to need to need 90 days, at a minimum, to complete their investigations and issue reports. Furthermore, rules require reports to be issued 21 days prior to any final hearing.
How to Speed Up Your Divorce in Colorado
While the law requires a 91-day waiting period from the time the divorce petition is served or jointly filed, there are practical ways to help your case move faster once that time has passed. Here are several ways to avoid unnecessary delays:
1. Prioritize Cooperation with Your Spouse
Uncontested divorces tend to move more quickly. If you and your spouse can agree on major issues like property division, parenting time, and spousal support, the court will not need to intervene as much, which can significantly shorten the timeline.
2. Respond Promptly to Legal Requests
Timely responses to discovery requests, court notices, and other legal documents can prevent your case from stalling. Delays in paperwork are a common reason divorces take longer than expected.
3. Choose Mediation When Possible
If there are disputes but both parties are open to compromise, mediation may lead to a faster resolution than litigation. Mediation also gives you more control over the outcome rather than waiting for a judge’s decision.
4. Hire an Experienced Family Law Attorney
Working with an attorney who understands Colorado divorce law and local court procedures can help you avoid mistakes and ensure everything is filed correctly and on time. Your lawyer can also help you anticipate issues that may slow the process.
5. Be Prepared and Organized
Gathering necessary financial documents, identifying your goals, and understanding your legal rights before filing can help streamline your case. Preparation on the front end often means fewer surprises down the line.
Although you cannot bypass the 91-day minimum, these steps can help you avoid common delays and reach a final divorce decree as efficiently as possible.
Final Thoughts on the Colorado Divorce Timeline
Procedurally, absent agreement, experts are generally not going to be appointed until some time after the mandatory initial status conference, which will generally take place 40 days after filing. When adding up all these time frames for the various contingencies, it’s easy to see how a Colorado divorce case can take well over the 91 days. The more people agree on, the quicker their cases will be done. When meeting with your divorce attorney you should inquire about estimated time for conclusion of your case. When doing so, keep in mind that many variables can throw off that estimate and some of those are out of the attorney’s control.
If you are wondering how long it takes to get a divorce in Colorado, or if you are ready to begin the process, the attorneys at Plog & Stein, P.C. are here to help. Our team has decades of experience handling Colorado divorce cases, and we are committed to guiding you through every step. Contact us today to schedule a consultation and take the first step toward moving forward.
