Colorado Revised Statutes, section 14-10-106, requires a 91-day waiting period prior to any court in Colorado entering a Decree of Dissolution of Marriage or Legal Separation after the court “acquires jurisdiction” of the case. That means that after a divorce case is filed and served on the other party, the court must wait 91 days prior to granting the divorce, regardless of how much both parties agree that the marriage is over and even if they have agreed on all the issues in the case. This 91 day waiting period is to keep married people from getting divorced too quickly, before they have had a chance to reconcile and exhausted their chances to keep the marriage intact. Therefore, a marriage can be saved, even after the divorce papers are filed.
If you are in the process of a divorce and want to try and reconcile the marriage, it is important to notify the court of your request. The court has the ability to hold your divorce case in abeyance as long as both sides agree to try and reconcile the marriage. If you are having trouble deciding whether to reconcile your marriage, a marriage counselor may be able to assist you. As a family law mediator, I may be able to assist you in finding a marriage counselor or other professional to help your family deal with this complex process.
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