Can a Private Judge Speed Up My Colorado Divorce?

• What is a private judge?
• Should I hire a private judge for my Colorado divorce?
• How can a private judge speed up my divorce?
• How to find a private judge in Colorado
• References

A private judge has the potential to significantly speed up a Colorado divorce, especially if the standard courts are currently busy and your case might otherwise need to wait weeks or months to be heard. The downside of a private judge is primarily the expense. Having a case heard before a private judge is one of the most expensive ways to get divorced when all other factors are equal. 

What is a private judge?

A private judge is a type of legal professional who can hear cases in their area of expertise and make judgments on them. This is similar to how a traditional judge might make judgments. They essentially operate as an alternative way for people to dispute a case. While they can be costly, having a private judge oversee a dispute can allow parties to skip the standard court process.

A private judge is often someone who was a former court judge. Their services will generally be paid for by all the parties having their case presented before the judge. Regardless, any ethical private judge will be duty-bound to remain neutral and judge the case put before them fairly, much like when one gets a case seen before a standard judge. 

Should I hire a private judge for my Colorado divorce?

Hiring a private judge is not the default way to divorce in Colorado or any other state. While price quotes will vary, private judges are expensive by most people’s standards, often costing hundreds of dollars per hour. However, the use of a private judge does carry some advantages, especially for people for whom the added expense is not a major concern.

These are some of the benefits:

Privacy

Some people who are in the public eye, such as celebrities, are at significant risk of the details surrounding their divorce becoming a public spectacle if they go through the standard process. Many instead choose to have their divorce cases seen by a private judge, at least when details are in dispute, so there can be additional barriers between their private matters and the public eye. 

Expediency

Private divorce tends to be faster for reasons explained in more detail in the next section. A standard divorce has the potential to take months, especially if the courts are busy or complicated details are in dispute. 

While a private judge cannot erase all the complexities of a case, a case seen before a private judge is likely to go faster than one seen before a traditional court.  If time-sensitive matters need to be resolved during a divorce, this speed may be invaluable. 

Management of complex cases 

Divorcing before a private judge isn’t for everyone. But couples with significant assets, such as multimillionaires and the owners of large businesses, can benefit from the speed and privacy allowed by having a divorce overseen by a private judge – enough so that it justifies the cost. 

Read: What Is a Private Judge, and What Do They Do? by Bryan Driscoll, Divorce Content Specialist and Lawyer

How can a private judge speed up my divorce?

A private judge has the potential to speed up a Colorado divorce in the following ways:

Bypass court backlogs

Any public court can have a backlog of cases that can delay the ability for your case to be heard. The busier an area and the fewer judges available, the more likely this is to be an issue. 

This also means courts can sometimes be extremely busy. In that hustle, the risk of error and corner-cutting increases. A private judge generally won’t have nearly the backlog of cases that a traditional judge will have, which allows a case to be heard faster and can come with other advantages.

Offers more flexibility when it comes to scheduling

For many of the same reasons that a private judge lets parties bypass court backlogs, there will generally be a greater level of flexibility when hiring a private judge for your divorce. The nature of a private judge is such that they can be more selective in the cases they oversee. 

Rather than needing to wait for an available day that works for you and the other party (or adjusting your schedules to make an available day work), a private judge is much more likely to have several convenient days and times to choose from when scheduling your case.

Works fewer cases and can devote more time to you

Because a private judge is working fewer cases, they have more time to devote to your particular case. Their obligations are also different. While a private judge still needs to follow the law and shouldn’t be biased toward one party or the other, the parties they’re seeing are still their clients. They are strongly incentivized to make sure the cases they see go smoothly and fairly, unlike the public court system, which arguably incentivizes speed.  

More streamlined court process

Generally, having a case seen before a private judge is going to involve less red tape. While the specific rules that apply can vary, a private judge and the parties having their case seen by the judge largely only need to make sure the judging process is fair. 

While some complexities of the standard legal dispute process may remain because they serve an important function to keeping a case fair, less time is likely to be spent submitting forms, making phone calls, and waiting for things to be processed. 

How to find a private judge in Colorado

If you want a divorce to be seen by a private judge in Colorado, you can research the options available to you online. Typically, you will want a judge who operates in the same state you are getting divorced in and has overseen divorce cases in the past. Read up on the judge’s experience, and look for any reviews of their services. Check for red flags, such as past controversies or criminal charges brought against them. 

If a judge seems like a good fit, contact their office to learn about their availability. If the judge is available on a day that works for you and the other party, speak with the judge or a representative before making a commitment. Ask any questions you may have, and bring up any of your concerns so they can be addressed. 

Keep in mind the goal of a private judge is to be neutral. Don’t attempt to influence them before your case is seen in private court. Most, if not all, of your interactions with the judge should be done with your ex so there are no doubts about the process.

References