Case Management and Discovery in Colorado Springs Divorce and Family Law

More than 50% of court cases in Colorado are divorce and family law matters. There are established procedures for financial disclosure in these cases. Full financial disclosure is important so that the Parties can knowingly divide assets and debt and for finality in cases.

Colorado Rule of Civil Procedure (C.R.C.P.) 16.2 requires that Parties to a divorce or family law case make disclosure of all material information as well as supplementing the disclosures with updated information. If Parties do not make full disclosure of material facts, a court can reopen a property settlement and reallocate assets and debt. The requirements exist in part to minimize the negative impact of adversarial litigation. The rule is important with regards to the ability of the Parties to make knowing decisions about division of assets and debt.

It is possible for Parties to waive full disclosure, however the waiver would have to be in writing and very specific. It is rare that a Party does waive full disclosure. Courts have a great deal of discretion in determining whether discovery is proportional to the needs of a case. Some cases are more complex than others. There is a public policy interest in finality in court decisions. Full disclosure limits the possibility that a property settlement may be reopened at a later date.

Courts are required to actively manage cases and tailor disclosure, discovery and hearings to the needs of the case in order to accomplish fair, timely and cost-effective results to the extent possible. One way that courts manage cases is to hold a pretrial conference. This allows the parties to address any pending issues that may impair the ability to be ready for trial so that they may appear in court on the day of trial ready to try the case.

Many courts address disclosure and discovery disputes informally with conferences rather than with through formal motions to compel. Most courts also require mediation before litigation to give the Parties the opportunity to reach agreement outside of court if they have not done so through negotiation.

Because many family law cases are conducted between parties without attorneys, there can be some confusion about disclosure requirements and ultimately in some such cases, full disclosure may not occur. Additionally, if a person does not comply with disclosure, then the court must hear from the Parties to address the issue. Family law courts have heavy dockets, therefore it is not always possible to be granted time with the court to address disclosure issues.

How can an attorney help with Colorado Springs divorce and family law court procedures? A Colorado Springs divorce and family law attorney can guide you through Colorado Springs divorce and family law procedures and handle paperwork and the process for you. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.