what is a contested hearing?
“Contested” and “non-contested” hearings are terms you will likely hear as you near the end of your divorce or custody case. Every divorce or custody case ends in a hearing, whether that is contested or non-contested. For legal literacy, you need to know the difference as these terms will be used heavily towards the end of your case.
A contested hearing is what most people refer to as a “trial.” Prior to your hearing you will have likely attended mediation in an attempt to reach a settlement. If you are proceeding to a contested hearing, there are no agreements or only a partial agreement, and some or all decisions (“rulings”) remain to be made because you and your ex could not agree. A contested hearing will require preparation with your attorney to prepare a Joint Trial Management Certificate, witness lists, and compile exhibits that you want to use, as well as prepare your testimony and the testimony of any witnesses you may call to the stand.
At your hearing, a Judge or Magistrate will preside. This means that he or she will sit on the bench and make decisions on objections, what evidence will be permitted. Each side will present their case to show why the judicial officer should do what that party wants. The case for each party includes evidence, which can be documents, photos, or the like, as well as testimony from themselves and any necessary witnesses. There is no jury in Colorado domestic courts, so the Judge is the one who will make the ultimate decision.
A non-contested hearing is a formality once all agreements have been reached. You or your attorney will submit your written agreements to the Court for approval. The Court will then schedule a time for you and your ex to come in to the Courthouse and approve your agreements on record. If you are getting divorced, the judicial officer will also ask you the statutory questions required to obtain a divorce. These non-contested hearings generally take less than thirty (30) minutes. During these hearings, there is no evidence or testimony aside from general questions the Court must ask to grant a divorce.
Should you have settled all matters and move forward with a non-contested hearing, many districts will now do a paper review of your case. This means that your attorney will submit all relevant documents, and the judicial officer will review them on his or her own time, at which point the documents will be approved and you will get your final Decree. In the case of a paper review non-contested hearing, you do not actually appear for a hearing but rather just wait for approval.
For more legal terms that you will run into in your case, check out our series Terminology Tuesday over on Instagram or contact an attorney to discuss your specific questions.