Why is my case taking so long?

            Going through a dissolution of marriage, or divorce can be one of the most stressful events in a person’s life.  Having to wait for orders can make that stress worse.  Judges understand that, and do their best to get your orders out as soon as possible.  In this article, you will see some of the reasons why your case may be taking longer than you think it should.

            First, every single divorce case in the state of Colorado requires that 90 days pass from the beginning of the case until a decree is entered.  This does not mean that you will be divorced on the 90^th day after your divorce is filed, but that it cannot be any sooner than that.  The 90 day waiting period starts the day the case is filed if you file the divorce action as a Co-Petitioner with your spouse, or on the date that your spouse is served, or waives service if not.  This may add some additional time to your waiting period if you are not able to get your spouse served right away.

            Once your waiting period starts, the next step is getting the matter set for hearing.  The type of hearing you set, and the length of hearing factors into how long it takes to have the matter heard by a judge or magistrate.  If you have resolved all of your issues, you may set a non-contested hearing in front of a magistrate, which will get set sooner than a contested matter.  If there are contested matters, the longer the hearing may affect how soon your matter is heard.

            Unfortunately, the number of cases and the amount of time a judge or magistrate is in Court may make it difficult for you to get a hearing date as soon as you would like.  There are also deadlines in certain types of matters, such as criminal cases, or restraining orders that give those types of cases priority over a dissolution case.  This means that those priority cases may be set sooner than your case, or that type of case may cause your case to get continued to a later date.

            If you have filed a specific type of motion in your case, you may be wondering why the judge has not ruled on it.  One factor may be that the response time has not passed.  Most motions require that a waiting period of fifteen days (plus a few extra days for mailing time) pass before a judge or magistrate can even rule on the motion.  This waiting period is to allow the other side to respond.  If a response is filed, a reply time of ten days is also required. 

            Judges and magistrates then have to balance the amount of time they are in court with the review of the motions that are received.  While in Court, the judge or magistrate must be focused on the hearing, and must wait until they are out of court to rule on written motions, which may cause some delay.

            Errors on the motions may also cause a delay.  A common error in a motion is a failure to fill out the “Certificate of Mailing” which certifies that the person who filed the motion has mailed a copy to the other side.  If the certificate of mailing is incomplete, or if the address that the motion as mailed to is not the address the Court has in the file, the motion may not be ruled upon until the Court is satisfied the other person has gotten a copy of the motion.

            Once the hearing is held, judges and magistrates try very hard to rule on your motions that day while you are in court.  This is not always possible.  Reasons for a judge not ruling during your hearing include not having sufficient time to make the ruling before the next matter is scheduled to be heard,  the judge needing to do additional research, or perhaps the judge has not been able to make a final decision on a difficult issue without additional time. 

            Court staff keep track of motions and deadlines and along with the judicial officers work to make sure that your cases move through the system as efficiently as possible.  If your case has not been ruled upon, it may be for any of the reasons stated above.  Each case is very important, and judicial officers recognize this.  If you have questions regarding your specific case, if none of the information above describes your information, you may contact the court directly.  You should understand, however, that court clerks cannot give legal advice, and you cannot talk to the judicial office assigned to your case.  You may also consider contacting a lawyer for further assistance.

Enforcing court orders in divorce cases: civil contempt

With every divorce, the court orders the parties to do (or refrain from doing) certain things.  For example, courts issue orders regarding the division of property and debts, the payment of child support and maintenance, and parenting plans and parental responsibilities.  Unfortunately, some parties refuse to follow the court's orders, which can cause serious hardship and pain to the opposing side.  To ensure that parties to a divorce follow all court orders, the court uses the procedure of civil contempt. 

In Colorado, Rule 107 of the Colorado Rules of Civil Procedure governs the rules and procedures for civil contempt.  There are two types of contempt: direct and indirect contempt.  Direct contempt consists of behavior that occurs in the presence of the court.  Examples of such behavior include disorderly and disruptive behavior, and boisterous conduct or violent disturbances toward the court.  Most often, direct contempt proceedings are initiated by the court and not by one of the parties in a case. 

The second type of contempt, indirect contempt, occurs outside of the presence of the court.  The most common example of indirect contempt is a party's disobedience or interference with an order of the court, such as a parent's failure to pay child support or the refusal to follow the parenting plan.  In most post-divorce disputes, the party utilizing the contempt rules usually claims that the person is acting in "indirect" contempt.

To begin an indirect contempt action, the initiating party much file a motion and supporting affidavit with the court.  The motion and affidavit include the rule or order that was violated, and the facts showing how the opposing party violated the order.  If there are sufficient facts in the motion and affidavit to show that indirect contempt occurred, the court will issue a citation to the offending party to show cause why the party should not be held in contempt.

Once the citation has been issued, the opposing party has an opportunity to admit or deny the contempt allegations.  Should the party deny the contempt allegations, the court will schedule a hearing to determine if the contempt allegations can be proven.

When a party seeks to hold the opposing party in contempt, the party may ask the court to impose remedial or punitive sanctions  The type of sanctions selected makes a significant difference in the manner in which the contempt proceeding is held.  If the party is asking for remedial sanctions, the party must prove to the court that the offending party (1) did not comply with a lawful order of the court; (2) knew of the order; and (3) has the present ability to comply with the order.  Punitive sanctions, on the other hand, are more criminal in nature, and therefore the moving party must show, beyond a reasonable doubt, that (1) an order of the court exists, (2) the offending party knew of the court order, (3) the offending party had the ability to comply with the order, and (4) the offending party wilfully refused to comply with the order.


For remedial sanctions, the court may order the offending party to correct the improper behavior, or to remedy the errors that were made.  The Court may also order the offending party to pay for the reasonable attorney fees and costs of bringing the contempt action.  For punitive sanctions, the Court may order the offending party to pay a fine or imprisonment (up to six months), but only if the Court finds that the party's conduct was offensive to the authority and dignity of the court. 

Court and Courtrooms: Protocol and Etiquette

Many people have only seen the inside of a courtroom on television, in the movies, or in a history book.  But if you are a litigant in a civil or criminal case, the courtroom suddenly becomes a real place, with real people, with real outcomes.  Not surprisingly, people who attend court for the first or second time do so with some trepidation and fear.  In fact, attorneys who regularly practice in the courtroom will some times admit that they too share those same fears when they walk through the courthouse doors.  While it is understandable that people come to court with some hesitation, the courthouse is a place to ensure justice for all and to vindicate your rights.  Hopefully this post can help alleviate your concerns and worries.

The first thing to remember is that the Courthouse is a public place.  It is open to the public, and its function is to serve the community.  The staff members at the courthouse recognize this important function, and they treat the community members with respect and courtesy.  If you need helping finding a courtroom or filing a document, ask a staff member, and the staff member can point you in the right direction.

When attending court, it is important to take steps in preparation for your visit.  First, make sure you know the date and time of your hearing.  There are many cases and people involved in the courthouse, and the courthouse follows a set schedule of hearings.  If you appear late for court, you may forfeit your opportunity to present a case or make an argument.  Plan to appear at least 15 minutes before the scheduled court appearance.  Call the court in advance of the hearing to learn of the date and time, review the document (such as the motion, petition, pleading, or summons) that tells you the date and time of court, or go to the Court's website to find the date and time. 

As you prepare for court, make sure that your appearance is appropriate for the courtroom setting.  Although the attorneys will appear in professional suits and attire, you are not required to wear the same professional outfit.  You may, if you wish, wear a suit and tie, or a professional dress, but it is not mandatory.  On the other hand, wearing a t-shirt and shorts likely does not portray the proper respect and dignity the court deserves.  Perhaps the best advice is to wear something that is comfortable to you, but also shows the court that you are serious about the case and wish to be treated with respect.  Wearing a hat in the courtroom is not permitted.

Once in the courtroom, listen for the Judge to call the case and invite you to speak.  Some times people become anxious because they want to tell the Court every thing on their mind, and wish to do so when others are talking.  Please be patient as every person gets an equal opportunity to speak.  Because everything in the court proceeding is recorded, only one person may speak at a time.  After the Judge is finished speaking, one party will have an opportunity to speak, followed by the opposing party.  If the Court needs clarification, the Judge will likely ask follow-up questions and give you a chance to answer.

While in court, treat each opposing side with respect and dignity.  A court appearance is not an opportunity to yell and scream at an angry neighbor or former spouse.  It is a chance to present your case to the Court and to apply legal and equitable principles to each factual scenario.  You will have an opportunity to be heard in a respectful and peaceful manner.  At the end of the case, the Judge will either announce the ruling on the request, or inform the parties that a ruling will be issued in written form in the near future.   

One last reminder: turn your cell phones off when you enter the courtroom.  There is nothing more embarrassing then having a cell phone go off in the middle of a case.