The Legal Process - Delays in the System

DELAYS IN THE SYSTEM

The Colorado Supreme Court has written Court Rules that, in an ideal world, are designed to make the litigation process run smoothly and efficiently. These rules are known as “Case Management” and provide guidelines and even deadlines for when certain steps in the dissolution process are to occur. For instance, all parties must disclose their witnesses, and the subject regarding which they are to testify, at least sixty (60) days prior to the hearing date. The parties are also required to have a Pre-Trial Conference in order to prepare a Trial Management Certificate, at least twenty (20) days prior to the hearing. There are numerous advantages to the implementation of Case Management time lines, the most important of which is that they help in moving the litigation forward, toward an ultimate resolution.

However, recent budget cuts to the Judicial Branch, and unforeseen delays in the calendaring of court cases, have resulted in ever-increasing impediments to completing a dissolution matter, making an already difficult process even more frustrating. Significant delays may occur, for example when attempting to schedule hearings, and attempting to coordinate and accommodate not only the parties’ and their attorneys’ schedules, but also those of important expert and lay witnesses. One of the most frustrating types of delays is when your hearing is set at the same time as other matters, which may be older, or involve issues regarding the status of a child, which factors give the other matter priority over yours, necessitating a new hearing date that may be months down the road.

Ironically, another potential delay may occur in the “Simplified Dissolution” process, which, again, in its ideal state, actually streamlines the dissolution matter. However, sometimes this case management system gets bogged down in continuing informal status conferences with the Court, when it is clear that no actual progress is being made toward resolution of the litigation.

Unfortunately, delays in the system are unavoidable, and even the best and most skilled of attorneys and their clients become victim to this pitfall. First, understand that these delays are out of your and your attorneys’ control. Do what you can, and be patient. Sometimes, the additional time gives you perspective as to various issues involved in your dissolution matter. Use this time for financial planning and counseling, as well as emotional planning and counseling. It may very well be that by the time the dissolution is final, you will have left the anger, resentment and emotional issues behind. In addition, you will have had the opportunity to review your financial circumstances and options with a professional financial planner, and are ready to move on to the next stage of your life.

Rather than endure the sometimes-unavoidable delays in the system, there are also alternatives to litigation that may assist in moving the matter toward a conclusion more swiftly, as well as possibly more inexpensively. These options are explored in more detail in the section addressing Alternative Dispute Resolution.

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