You should never need to be an expert in divorce. That’s our job.
Specifically, The Gasper Law Group will help navigate you through this challenging time by offering candid, straightforward and honest legal advice that will enable you to make informed decisions on the handling of your case. While we are fierce advocates in the courtroom, you may find yourself taking advantage of our negotiation and settlement strategies that sometimes avoids the courtroom altogether. We pride ourselves on our ability to fully analyze a case and offer you real legal advice based on your unique facts and circumstances. Whether you are in the middle of a divorce and desire an attorney with a fresh approach or whether you are at the very beginning of the legal process, below is a brief run-through of how the process works generally.
The first stage is the pleading or filing stage in which a Petition for Dissolution (with or without children) is filed with the court as well as a response from the opposing party. Although the Court offers boilerplate forms to initiate a divorce, we have seen our fair share of clean-up projects in which we have had to amend pleadings to assert or defend against claims or requested relief (child support, spousal maintenance, military retirement division). Sometimes the ship has sailed and it’s impossible or extremely expensive to right the wrong or omission from the original pleadings. If nothing else, an attorney can provide the reasonable buffer between the filing party and the opposing party. After all, some comfort or level of protection in challenging times is warranted by simply telling your ex, “you should call my attorney because I don’t want to talk about this.”
The next stage involves assembling documents and financial data prior to the very next stage, an Initial Status Conference or Court Facilitator meeting. This is more of a meeting than a hearing, where deadlines for your case are set so the Court knows your case will move along. The average divorce case in Colorado Springs takes over 4 months depending on the assigned division and the court’s docket. More complex cases involving experts or hotly contested issues result in longer case duration and can last for several months or a full year after filing. The quickest a divorce can be completed is 91 days (Colorado recognizes a statutory 90-day cooling off period). At the Status Conference, the Court may set additional deadlines in the event the parties have not completed the disclosure and financial exchange process.
In some case, informal or formal discovery is necessary. Discovery is the process of collecting evidence by way of subpoena, depositions, written interrogatories (questions to be answered under oath). Disclosures (discussed above) are required and must conform to the court’s orders and standard rules of procedure. Discovery on the other hand is initiated at the request of either party. Rest assured, discovery can be managed by the parties with the court being available to resolve any discovery or disclosure disputes.