PERMANENT ORDERS: WHAT TO EXPECT
In Colorado, the final outcome of a divorce or custody matter is referred to as “Permanent Orders.” This can be the result of a hearing (“trial”) or a settlement. Permanent Orders are aimed at the final allocation of parental responsibilities, division of property, allocation of debt, and allocation of costs and attorney fees.
A Permanent Orders hearing begins with the preparation. You will likely receive a pre-hearing order when you schedule your hearing. This will outline deadlines to tell the other party who your witnesses are, when to exchange exhibits with your ex, and if you need to file a Joint Trial Management Certificate. The Joint Trial Management Certificate, often referred to as a JTMC, is an outline that you will make with your ex. The outline will identify all of the disputed issues or the things that you do not agree upon. Each of you will then list why that issue is disputed and what you want the Court to do. The JTMC is often read by the Judge instead of an opening statement so you should consider this your first opportunity to present your case to the Judge.
Permanent Orders often are under time constraints. The time constraints will be identified in the pre-hearing Order or at the beginning of the hearing. While the Judge is keeping time, you should as well. This will ensure that neither party gets to dominate the hearing and both parties have equal opportunity to present the evidence as needed.
At the actual hearing, you will call all of your witnesses and ask them questions about information that you want them to tell the Judge. Your ex will also be able to ask questions of each of your witnesses, which is referred to as a cross examination. Your ex will also call his or her witnesses and ask questions of the witness that support their case. Likewise, you will be able to cross examine your ex’s witnesses. This is your opportunity to show the Judge why he or she should not believe what that witness has to say.
During the questioning of witnesses you will present evidence. These are physical things such as documents, photos, records, etc. You will show the witness the evidence and ask them questions specifically about that item. This allows you to give the Judge tangible information to consider along with the witness testimony.
At every hearing, the Judge will expect to hear from both parties. This will be your personal testimony and should identify all of the reasons that the Judge should enter Orders that are favorable to you. Your ex or the attorney will be able to cross examine you. When you are subject to cross-examination, know that the Judge is paying attention to not only what you are saying, but also to your demeanor. If you are not a reliable, trustworthy witness, or are unable to remain calm and professional, the Judge will have a negative impression of you which will likely impact the Orders that you get. Your ex will also testify and you will have the opportunity to cross-examine them. This should be the time that you show the Judge why your ex should not be trusted and why his or her requests are unreasonable.
When all witnesses have finished testifying, each of you will make a closing argument. A closing argument is when a party summarizes all of the testimony and evidence made that day and argues why that testimony and evidence supports what the party wants the Judge to do.
After closing arguments are made, the Judge will either issue Orders after a brief recess (break) or will take the matter under advisement. If Orders are issued that day, you will walk out knowing what your final Orders are and how your property and parental issues have been resolved. If the Judge takes the matter under advisement, he or she is going to take the time to consider what the Orders should be. Each individual Judge varies in how long it will take for you to get your Orders. It could be that same week, or it could be several months later.
Permanent Orders are the most important and final step of your divorce or custody case. The procedures are largely the same, but the details vary case to case, and Judge to Judge. We always recommend that you consult with an attorney prior to a hearing on Permanent Orders. If you are anticipating a permanent orders hearing in your case, call us for your free consultation today.