Yes, divorce petitions filed in Colorado can be withdrawn under specific circumstances. If it is not possible to withdraw a divorce petition, there may be alternatives, depending on what each spouse ultimately wants.
Divorce petitions filed with Colorado courts can be withdrawn or dismissed by the courts when the petitioner has not yet served the other party with a copy of the court documents. In Colorado, the petitioner will typically have 60 days from the date on which the divorce papers are filed to serve his or her spouse with a copy of the documents. That can leave up to 2 months for petitioners to withdraw divorce papers from a Colorado family court if their spouse hasn’t been served yet.
If the other spouse has been served with a copy of the divorce filing, then the petition can ONLY be dismissed by the court IF both parties agree to it.
If either party still wants a divorce to happen, once the case has been opened with a divorce filing, it will proceed. Of course, at any point before a settlement is reached or a final divorce decree is issued, spouses still have the opportunity to request a dismissal if they both agree to one. In other words, divorcing parties can reconcile and file a motion for a mutual dismissal at any point before their case is finalized by the court.
It’s not uncommon for spouses to take action towards divorce and then have changes of minds and hearts. Sometimes, reconciliations last. Other times, they don’t. For couples who may be thinking about divorce but just aren’t ready, a legal separation can be an effective, more flexible alternative.
With a legal separation, couples can address all of the issues that would arise in a divorce and create an agreement detailing those terms. While that can be one step in testing out how divorce may work, it still preserves certain rights, benefits, and coverages—and the couple will still be legally married in the eyes of the law. That can give them the space they need to:
When legal separations are the first step, a divorce that follows can be much simpler. In many cases, divorce after a legal separation is more of a formality, as the big issues have already been settled through the creation of the legal separation agreement.
Contact an experienced Fort Collins divorce lawyer at The Cossitt Law Firm, LLC for helpful answers and advice regarding your rights and options in divorce.
Call (970) 488-1887 or email our firm for a 100% confidential consultation. Phone and Skype consultations are available.
At The Cossitt Law Firm, LLC, our Colorado divorce and family lawyers are dedicated advocates who are skilled at helping people get through some of the most difficult times of their lives. We know what can be on the line when a marriage is ending, and we know how to help our clients achieve their objectives. Known for providing personal attention and practical solutions, we are the tireless, fierce attorneys you can trust when it’s time to navigate the next steps and protect what matters most in the process. From offices in Fort Collins, we represent clients throughout Larimer County and the state of Colorado.
Like other assets, businesses owned by divorcing spouses may be subject to the rule of equitable distribution in divorce. If a business is considered marital property, it will need to be valued to determine its worth so that a fair division of assets can be made. In general, a business that one or both spouses […]
When married couples split up, dividing assets is often one of the most sensitive and contentious issues they face. Can you divorce without splitting assets? Not every asset that you own is subject to division, so, yes, you may be able to divorce without splitting all of your assets. If there is a particular marital […]
Can Marijuana Use Affect a Divorce Case? With the legalization of marijuana for recreational use in Colorado, there has been increased research into the effects of the drug – including its effects on marriage. If your spouse uses too much marijuana you may wonder, Is smoking pot grounds for divorce? If you are concerned about […]
Social media is a regular part of life for many people. That also means that social media can affect your divorce. For regular users, we check on what friends are up to and learn about local events. We post about our trips, our pets, our favorite restaurants or cooking accomplishments, about our kids’ achievements. Some […]
