Most aspects of divorces in Colorado are available to the public, including the pleadings, orders, and trials, but they do not have to be available to the public. For many reasons people such as celebrities and politicians wish to keep their divorce proceedings private. There are several ways to achieve privacy as you proceed through the process of divorcing or modifying child custody orders. Celebrities, high net worth individuals, and those in the public eye often maintain privacy when divorcing, but options for a private divorce are available to everyone. Our Fort Collins divorce attorneys can explain your options to keep your divorce private.
Once a divorce is filed with the Court the names of the parties and the type of case will be a public record. For high-profile individuals this is when the media may turn their sights on the divorcing couple as they ready to cover and report on all of the case developments. To subvert the media from watching the case develop and reporting on it as it develops a full settlement agreement can be reached before anything is filed with the Court; the media will discover the couple is divorcing at the same time as they learn there are full agreements on all matters and there will be nothing more to report on.
Agreements can be reached before or after the case has been filed with the Court by direct negotiations, employing the services of a private mediator, and by participating in early neutral assessment, or by employing the services of a child and family investigator or parental responsibilities evaluator. Your Fort Collins divorce attorney will guide you through each of these options.
When the parties do not agree on all aspects of their divorce they may employ the services of a private judge or an arbitrator.
A private judge must have served as a judge previously and may be assigned to decide a case by the chief justice of the district court where the case is filed upon the agreement of the parties. A private judge’s decision shall have the same force and effect as if it were decided by a sitting judge and may be appealed just the same. The parties will be responsible to pay the private judge’s salary. The appointment of a private judge is governed by Colorado Revised Statute 13-3-111 and Rule 122 of the Colorado Rules of Civil Procedure.
An arbitrator is a neutral third party who may be appointed to decide those matters the parties can not reach an agreement on pursuant to Colorado Revised Statute 14-10-128.5. The decision of the arbitrator is binding on the parties. Unlike a private judge the arbitrator’s decision may only be vacated or corrected pursuant to the Colorado Uniform Arbitration Act. In addition to maintaining privacy, other benefits of arbitration include the option to select an arbitrator with specialized knowledge for the unique aspects of your case.
Private divorces commonly involve high incomes and assets. Ensure you have proper representation if you facing a high asset divorce in Colorado.
Your privacy is not just important to you, it is important to us. Schedule a consultation with one of our divorce attorneys today to learn if a private divorce may be an option for you.