While choosing the best Colorado Springs divorce attorney is important in determining how things will go in your divorce, few people have more of an impact on the Colorado divorce process than the judge.
In this article, we explore the role of the Judge during a divorce in Colorado Springs.
Your Divorce Attorney is Your Friend, the Judge is Not
Do you want a total stranger to decide about your future? Do you want that person to decide how much time you’ll get to spend with your kids, or how much money you must pay your ex each month? Would you want this stranger telling you which property is yours and which you have to give to your spouse?
If you don’t agree with your spouse about such issues that is what a judge will do in your Colorado Springs divorce. And the judge is not your friend.
A Divorce is a Lawsuit
When your spouse files for divorce in Colorado Springs, it means they are suing you by filing a lawsuit. Like every lawsuit, a divorce case is randomly assigned to one of many judges who preside over these kinds of cases.
Nothing happens in a Colorado divorce case without the ultimate approval of the judge. Even if you and your spouse agree on every single thing in a settlement agreement, the judge still must give his or her okay before it can turn into a final divorce decree.
The judge must be fair and impartial. If a judge shows bias against either party, a spouse can request a different judge. But, just because a judge makes a ruling you don’t like doesn’t mean they are biased against you. Changing judges in mid-stream requires much more proof of bias than saying things aren’t going your way.
Before a judge enters a final divorce decree, and a couple goes their separate ways, the judge has several roles to play.
Enforcing the Rules
There is a bunch of laws and rules which judges and the parties must follow in a divorce case.
The judge must make sure that everybody is playing by the rules. This includes ensuring that:
- both sides have made complete disclosures of all required financial and other information;
- court filings contain appropriate and necessary language and content;
- improper evidence is not presented or considered;
- the parties and their attorneys conduct themselves professionally in court;
- neither party is engaging in underhanded divorce tricks or concealing assets;
- both sides cooperate in discovery, scheduling, and other logistical matters;
- any orders he or she enters during the case, such as temporary orders of support, maintenance, or protection are followed.
The judge will also have to make many decisions on matters where the parties don’t see eye to eye. While the divorce case is pending, temporary arrangements need to be made as to custody and visitation, living situations, and financial support for a spouse and any children, for example. A judge may be asked to enter an order of protection in cases where one spouse is accused of abuse or misconduct.
Often, spouses can reach agreement about many such issues on their own. When they can’t, each side will present arguments and evidence to the judge to convince him or her that their position is the correct one.
A judge’s decisions in a divorce case are made based on a thorough evaluation of the facts presented to them as well as an analysis of the applicable law.
If a full trial is held to resolve outstanding issues, the judge will hear arguments from the divorce attorneys and testimony from witnesses and experts. He or she then will make final rulings that will ultimately be included in the final divorce decree.
Your Judge is a Person. Your Divorce Lawyer Should Know Them.
Judges aren’t robots. Highly trained as they may be, under those robes they are just people like you. That means each judge is different even if they are all supposed to be following the same rules and procedures.
Each judge runs their courtroom in a different way. Each judge has their own personality and way of doing things. Some judges may have reputations as being strict and matter-of-fact, others may be seen as friendlier and more empathetic.
If your divorce attorney knows how the judge in your case rolls, it can give you a huge advantage. The best divorce attorneys in Colorado Springs have years of experience before the judges in our area. They’ll know what a given judge likes or dislikes. They’ll know how to stay on the judge’s good side and what will make them angry.
Your divorce lawyer should be familiar with family court judges here in Colorado Springs. After all, you are putting your future in your lawyer’s hands as well as the judge’s. You may not be able to pick your judge, but you can pick the right lawyer.
Related: Click to view the official Colorado Springs Judicial Branch Bio's page
Do You Have Questions about Divorce? Schedule Your Free Consultation with a Colorado Springs Divorce Attorney.
If you are searching for a divorce attorney in Colorado Springs please call the office of Attorney Bryson Perkins to schedule your free divorce consultation.
Call (719) 644-7059
Or email your question via our free divorce consultation form.