It may come as a surprise to learn that it’s possible to hire a private divorce judge in Colorado. Denver divorce cases are legally complex and often highly emotional. While nothing can alleviate the distress of divorce, there are some potential benefits to hiring your own private judge rather than waiting for typical court proceedings. By keeping the case out of the public family court system until the final divorce decree, spouses often find significant advantages; however, there are also some potential downsides to consider.
How Do You Hire a Private Judge for a Colorado Divorce?
To use a private judge for a Colorado divorce, both parties must agree to the process and the choice of judge. The state’s bar association maintains a list of private judges available, or divorcing spouses may use referrals from their family law attorneys to select a judge.
Once you and your spouse review each available judge’s qualifications and choose one with favorable reviews and a history of decisions in alignment with your goals, you must first pay the judge’s retainer fee. Then, both spouses must submit a stipulation and order of appointment for a private judge to the court. The court must approve the use of a private divorce judge before the dissolution of marriage proceedings begin.
When both spouses agree to the private judge, the court almost always grants its approval.
What Are the Benefits of Hiring a Private Divorce Judge?
No divorce process is easy, and a private judge does not keep the divorce out of the public record; however, it allows spouses more privacy and increased control through the following benefits:
- You and your spouse can choose the timeline of the divorce process and select your own court dates
- You can choose the location of the divorce hearing rather than attending the trial in a public courthouse
- The time and location of the proceedings are confidential, which may be important for divorcing spouses who wish to avoid public attention or media
- You and your spouse choose the order of the issues or disputes under discussion
- A private judge can devote more time and attention to critical issues in the divorce compared to a judge with a packed court schedule
- A private judge processes the final judgment much faster by avoiding the process of submitting it first to the county clerk and bypassing common backlogs
A private judge provides a far more streamlined divorce process and often facilitates a less stressful, less contentious divorce outside of the extreme formality of a courtroom.
What Are the Disadvantages of Hiring a Private Divorce Judge?
Private judges have years of experience in the public courtroom. Often, a private judge is a retired family court judge. They frequently charge substantial retainers and high hourly rates. These fees and costs are in addition to your standard attorney fees and legal retainers. A private judge’s fee ranges from $300 to $600 per hour, which may be cost-prohibitive for some divorcing spouses.
Also, both spouses must agree on the judge before the court will approve the choice. This is sometimes challenging for contentious spouses who are at the beginning of an adversarial divorce process. However, if both spouses can communicate and compromise effectively, choosing a private divorce judge may be the right choice for the way you wish your divorce to proceed. Contact us for a free case evaluation today at Ciancio Ciancio Brown, PC.