Q: What can I expect from my uncontested court hearing?
I left my spouse two weeks into our marriage for my own safety. We don't share any children or any property, however he has been threatening me and trying to hunt me down, he is not cooperative in this divorce. What should I expect from our upcoming uncontested hearing?
How long should it take?
What happens when he does not agree that the marriage is "irretrievably broken?"
Will my divorce be granted at the time of the hearing?
Would there be any reason for the judge not to grant the divorce?
A:
Based on your facts you have a contested divorce.
The duration of the hearing depends on the type of hearing--an initial status conference usually lasts for 15 minutes, while a temporary/permanent order hearing can last the better part of a day.
Colorado does not require consent to divorce, so only one party is required to feel the marriage is irretrievable.
A final decree is handed-out no less that 91 days from the filing date (even if totally agreement with the proper filing of all paperwork occurred on the filing date). If matters are contested a final decree can be 6 to 9 months from filing to final decree (the most extreme cases--which are very, very rare--can last over a year).
You have a constitutional right to divorce, so a judge cannot deny a divorce unless there is a technical defect in the divorce (e.g. BOTH parties do not appear to a hearing or complete paperwork is not filed).
Beyond this basic information, you need to pay a lawyer for advice.
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