Asked in Divorce for Colorado

Q: I can't get an arbiter to provide a final order after 6 mos. Her dad died and I think she isn't in the proper mind now

I'm in Colorado, working on a divorce. Two temp orders have been issued but the arbiter won't issue a final order and its been nearly 6 mos. The arbiter's dad died a couple months ago and I think she isn't in the right frame of mind to continue working but in the meantime I'm trapped in an alimony payment of 75% of my take home pay so I need a ruling. Do I have any recourse? Thanks

I've asked a few lawyers and no one seems to know what to do locally nor have they encountered a situation where the arbiter simply didn't seem to be able to rule.

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1 Lawyer Answer
Scott D. Goldman
Scott D. Goldman
  • Denver, CO
  • Licensed in Colorado

A: Im not clear on all the facts here, but IF, a party dies BEFORE a Decree for Dissolution of Marriage is entered, then the Court (nor the arbiter) no longer has jurisdiction to make any further orders regarding the Dissolution of Marriage.

You will want an attorney to articulate case law to the arbiter regarding this issue, just to be sure, but that is only if the party died BEFORE the decree was entered.

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