Regardless of the matter for which Radeff & Hart is retained, the general processes leading to resolution are the same. Any step can be shortened or extended depending on the subject matter, but the generic overview is consistent. Post-dissolution matters generally take less time than a full divorce or parental responsibility determination. Depending upon the county in which matters are filed and the complexity of the matter, 8–18 months is probably necessary.
Initiation of Action
For a new matter, a petition is filed with the Court outlining the matter for which one is seeking resolution. If seeking to modify or supplement previously resolved matters, a motion is filed with the Court. In almost all cases, the Firm files with the Court to confirm a date from which relief may be sought, regardless of how likely the matter may be settled by means other than litigation.
Discovery
When an issue is presented, certain evidence must be collected from the parties and other sources. Generally, such information falls into two categories: financial, and information related to the parties and/or their children. Both parties have a fiduciary obligation to reveal and provide all such information in their possession or control. Other sources may be subpoenaed for information. Non-compliance with discovery can be addressed by subpoenas and/or specialized court orders.
Status Conference
To minimize delay, all divorces and other matters concerning children are subject to a mandatory initial status conference to advise the court of the status and plans for resolving the issues. The court requires a personal appearance by each of the parties and/or counsel, or — if both parties are represented by counsel — a written agreement prepared by counsel as to how the case will be conducted.
Temporary Orders
Either agreements or Court orders may be necessary to address issues while any case is unresolved. Examples include use of the residence, allocation of parenting time and child support, payment of mortgages, insurance premiums, or spousal support. Such temporary resolutions are made in writing and are without prejudice to a change at the time of final resolution, unless the parties specifically made them non-modifiable.
Resolutions / Permanent Orders
Issues may be resolved by agreements (stipulations), Court Orders, or a combination of both. These resolutions are always reduced to writing as Permanent Orders or Separation Agreements and adopted by the Court so that they can be enforced. Such agreements or orders may require further agreements, orders, or the execution of documents to complete the intent expressed therein.
Differences in Jurisdictions
Access and/or scheduling of hearings (Temporary or Permanent Orders) vary from jurisdiction to jurisdiction. The Denver Metro area alone has no less than 9 county courts (Incluing Weld and Larimer counties), so it is important to discuss the differences in what each county requires to schedule hearings as well as their processes for discovery and other disclosures in your case.