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Dissolution of Marriage Timing Issues

On Behalf of | Apr 17, 2014 | Family Law, Firm News, Jurisdiction |

Usually the parties in a dissolution of marriage just want to get divorced and move on with their lives as quickly as possible. However, there are some important timing requirements and waiting periods parties to a dissolution of marriage should be aware of to ensure they can get their divorce as quickly as possible.

First and foremost, one of the parties needs to have been domiciled in the state of Colorado at least 90 days immediately preceding the commencement of the dissolution action. The number 90 comes up again because before a decree of dissolution may be entered, 90 days must have elapsed since the court gained personal jurisdiction over the respondent.

Additionally, there are some other important timing issues to remember. A dissolution of marriage is commenced by filing a petition and summons and service of that summons so the court can gain personal jurisdiction. What’s important to remember is if the service of the summons is served before the petition is filed with the court, the petition must be filed within 10 days of the service or the service is bad and there is no personal jurisdiction over the respondent. This means the 90 day countdown to a decree of dissolution is delayed and will not start.

Some other important timing issues are the respondent has to file a response within 20 days after service of the summons if the respondent is served in Colorado. It is the petitioner’s responsibility to schedule an Initial Status Conference within 40 days of the court gaining jurisdiction. Additionally, the mandatory financial disclosures are due 20 days after the response is filed, or 40 days if no response if filed.