- Getting a court date notice
- Understanding the initial status conference
- Determining the date of your ISC
- My spouse can't make the court date
- How to prepare
- What to expect
- References
I just got a notice about a court date. What should I do?
Don’t panic! An Initial Status Conference (ISC) in Colorado divorce court is just a way for the court to assess where each party is and what you agree upon. It’s informal and not a hearing. You present no evidence or testimony, and you don’t need a lawyer.
In this post, we break down the ISC process so you know what to expect.
Understanding the initial status conference
An initial status conference happens after the preliminary divorce paperwork has been filed. It’s a meeting between you, your spouse, and a family court facilitator or judge.
During the meeting, the court official will clarify your deadlines and review the divorce process. The official will also review your forms and make sure everything is in order for your case to proceed.
You will have the opportunity to learn about your next steps. You can ask questions about the schedule, but you can’t ask about non-legal issues.
Determining the date of your Initial Status Conference
You and your spouse aren’t required to set the date of your ISC. The court schedules this meeting for you within 42 days after you’ve filed your divorce paperwork.
If you’re filing the initial divorce paperwork
When you file your divorce paperwork, the court will help you fill out a Notice of Domestic Relations Initial Status Conference (JDF-1120) form. This document will include the date, time, and location of the meeting.
Make a copy of this form, and give it to your spouse by hand-delivering it, mailing it, or faxing it. Make a second copy of the form, fill out the bottom of the document that proves you’ve delivered it, and file that document.
If your spouse filed the initial divorce paperwork
Your spouse should serve JD-1120 with information about your meeting date and time. If you’re not notified of your ISC within a few days of getting the initial divorce paperwork, call the clerk at the courthouse handling your divorce and ask for information.
My spouse can't make the court date
If one spouse isn't able to attend in person, they can make a request with the court to appear virtually.
How to prepare for your Initial Status Conference
You'll need to have completed your financial disclosures
In an ISC, the court asks about the status of each party’s mandatory financial disclosures (Step 2). Financial disclosures are governed by the Colorado Rule of Civil Procedure 16.2.
The following three documents must be sent and filed with the court:
- Sworn Financial Statement (JDF 1111 SC)
- Supporting Schedule of Assets (JDF 1111 SS)
- Certificate of Compliance with Mandatory Financial Disclosures (JDF 1104)
You must send the following documents to your spouse, but you’re not required to file them with the court:
- Income tax returns from the prior three years
- Personal financial statements from the prior three years
- Business financial statements from the prior three years
- Real estate documents
- Personal debt statements
- Investment documents
- Employment benefits
- Retirement account statements
- Bank statements
- Income documentation
- Childcare documents
- Employment documents
- Insurance documents
- Children’s expense documents
Many issues that arise in divorce cases hinge on information contained in the 16.2 disclosures. For instance, if you and your spouse disclose complicated financial facts – ownership of a business, ownership of stock or trusts, self-employment, unemployment, underemployment – the court may consider that a red flag. Hence, extensive discovery and more experts may be needed.
Discovery and expert involvement can extend the time it takes to conclude your case. Therefore, this information may be important when selecting a date for a permanent order hearing. Note: You only need a “permanent orders” hearing if you and your spouse do not completely agree.
You'll need to have completed your parenting class
If applicable, you should generally complete your parenting class before your ISC.
Colorado courts require divorcing people with children younger than 18 to take a parenting class. The course must be provided by an organization approved by the court.
These required courses aren't purported to make divorce less stressful, but they can help you learn more about guiding your children through the process. You may believe you don’t need this help, but if you skip the courses, you could face penalties like a loss of parenting time or parental responsibilities.
You must finish the classes and file proof of completion of the class within 42 days of filing for divorce.
Even if you agree on all child-related issues, you must take a parenting class if your case involves dependent children. Generally, courts ask that children not attend court. It’s best to arrange childcare ahead of time.
What to expect during your Initial Status Conference
Depending on the county, you will meet with a family court facilitator, magistrate, or judge.
In some jurisdictions, if you file your case as a pro se party (i.e., “self-represented”) and do not timely object to having a magistrate hear your case and request a district court judge hear it instead, your case will be heard by the magistrate. This can complicate matters when it comes to the rights of appeal, but that’s a topic for a separate discussion. (It’s really only relevant if you’re facing a messy or contentious divorce.)
Raising important issues to the judge
If both parties hire counsel and can appear before a judge or magistrate for the ISC, this is a good time to raise any concerns or complicated issues. It sets the tone for the entire case, and the judge or magistrate may even decide to enter interim orders right then, if needed.
For example, if one party alleges that the other party abuses substances, the court can order substance use testing immediately. This is an extreme (but important) example concerning the safety of both adults and children.
Most orders have to do with parental responsibility allocation and temporary spousal support.
Temporary orders hearing
At the ISC, it can be decided whether a temporary order hearing is necessary.
A temporary order hearing provides temporary solutions for issues such as child support, parenting time, the payment of a debt, or who may reside in the marital home.
Temporary orders are valid until permanent orders are issued near the end of the divorce process.
Bottom line about Initial Status Conferences
Unless your case is contentious or complicated, expect your ISC to be relatively straightforward and more of a formality.
At Hello Divorce, we have answers to your divorce questions and divorce plans and services to help you get through this life change.
References
Initial Status Conference. Colorado Judicial Branch.
Court-Ordered Parenting Classes. Colorado Judicial Branch.
Order for Parenting Education Workshop. Colorado 7th Judicial District.
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