If you received a divorce request but don't want to proceed with your divorce, you may be wondering if there's any way for you to oppose the divorce itself. In today's blog, that's exactly what we're covering.
To schedule a free consultation with our team for your divorce, contact us online or via phone at (303) 647-4245.
Can I Stop a Divorce From Occurring?
Long story short, probably not, unless you're able to reconcile with your spouse.
Colorado is a no-fault divorce state, so the only reason a party needs to have for filing a divorce petition with the court is citing "irreconcilable differences" with their spouse. As a result, you probably will not be able to successfully stop a divorce from occurring on legal grounds.
However, if you're able to reconcile with your spouse, they can choose not to proceed with the divorce, which will effectively stop the divorce process.
What Happens If I Disagree With the Terms of the Divorce?
When you receive a divorce petition from your spouse, it will also list the terms they want for the divorce. This includes conditions for how they would like to distribute property, handle child custody and support (if you share children), and pay or receive alimony.
If you disagree with the terms your spouse has put forth; you'll need to file a response stating terms you'd prefer instead to the court. This will make your divorce contested.
Typically, contested divorces go through the litigation process. This means you may have to attend temporary order hearings to establish how you'll handle matters such as property division while the divorce is ongoing.
Ultimately, many contested divorces end with a trial. After hearing from both parties, the judge presiding over the case will issue a divorce decree they consider equitable for both parties.
It's important to note that, if you don't want to litigate your divorce in the courtroom, you can transition into an uncontested divorce if you're able to negotiate terms with your spouse, even if your divorce starts off contested. Many couples use methods of Alternative Dispute Resolution (ADR), such as mediation, to achieve an uncontested divorce.
At our firm, we help Coloradans find and pursue the best outcomes in their legal cases. To schedule a free consultation with our team or learn more about how we can help with your case, contact us online or via phone at (303) 647-4245.