What Is An Uncontested Divorce In Colorado? Complete 2026 Guide

An uncontested divorce in Colorado happens when both spouses agree on every major issue -- property division, debts, spousal maintenance, child custody, parenting time, and child support -- before filing. Because there's nothing for the court to decide, an uncontested divorce is typically the fastest, cheapest, and least stressful way to end a marriage in Colorado.

If you're searching for an uncontested divorce attorney in Fort Collins or anywhere in Northern Colorado, this guide walks through everything you need to know -- what qualifies as uncontested, how the process works, what it costs, how long it takes, and when it's worth hiring a lawyer even when you and your spouse agree.

Quick Summary

• Minimum time: ~91 days (Colorado's mandatory waiting period after service)
• Typical attorney cost: A fraction of a contested divorce -- often a flat fee
• Court fees: Around $230 to file in Larimer County
• Required: A written, signed separation agreement covering every issue
• Best for: Cooperating couples with no significant disputes

What Makes a Divorce "Uncontested"

For your divorce to be truly uncontested in Colorado, you and your spouse must reach a written agreement on all of the following:

• Property division -- Who keeps the house, vehicles, retirement accounts, bank accounts, investments, businesses, and personal property
• Debt allocation -- Who is responsible for which debts (mortgages, car loans, credit cards, student loans)
• Spousal maintenance (alimony) -- Whether maintenance will be paid, the amount, and how long
• Parenting plan -- If you have children: a complete schedule for parenting time, holidays, and how major decisions (medical, educational, religious) will be made
• Child support -- The amount of support, who pays health insurance, and how uncovered expenses are split
• Any other issues -- Tax filing status for the final year, name changes, life insurance, college expenses

If you disagree on even one of these issues at filing, your case is technically contested. But many contested divorces become uncontested through negotiation or mediation before trial.

Benefits of an Uncontested Divorce

Choosing the uncontested path has real advantages:

• Lower cost. Attorney fees can be 75-90% lower than a fully contested case. There's no discovery, depositions, or trial preparation.
• Faster resolution. Many Larimer County uncontested cases finalize within a few weeks of the 91-day waiting period ending.
• Less stress. No depositions, no testimony, no waiting for a judge's ruling on your private life.
• Privacy. Less personal and financial information ends up in the public record.
• Better co-parenting. Couples who negotiate cooperatively tend to have stronger post-divorce communication -- which matters if you have kids.
• You control the outcome. You and your spouse decide the terms, not a judge who doesn't know your family.

The Colorado Uncontested Divorce Process

Here's exactly what happens, step by step:

1. Negotiate the Separation Agreement

Before you file, you and your spouse work out the terms of your separation in writing. This is the most important step -- once you sign, it becomes binding. Many couples use a Fort Collins divorce mediator or each consult with their own attorney during this phase, even in an uncontested case.

2. File the Petition

One spouse (the "petitioner") -- or both spouses jointly as "co-petitioners" -- file the Petition for Dissolution of Marriage along with the signed separation agreement and parenting plan if applicable, in the district court of the county where one of you lives.

3. Serve or Waive Service

If one spouse files alone, the other must be formally served. If you file jointly as co-petitioners, no service is required.

4. Complete Financial Disclosures

Even in an uncontested case, both spouses must complete a Sworn Financial Statement and exchange supporting documents (pay stubs, tax returns, bank statements, retirement statements). Colorado law requires it -- there are no shortcuts on this step.

5. Wait Out the 91-Day Period

Colorado has a mandatory 91-day waiting period from the date the petition is filed and the respondent is served (or files a joint petition). The court cannot finalize the divorce sooner -- even if everything is agreed.

6. Final Orders

Once 91 days have passed and the paperwork is complete, the court issues a Decree of Dissolution based on your agreement. In many uncontested cases the court approves the paperwork without a hearing. Sometimes the judge wants a brief hearing to confirm both parties understand and agree to the terms.

How Much Does an Uncontested Divorce Cost in Colorado?

There are two cost components:

1. Court filing fees. Around $230 in Larimer County to file the petition.
2. Attorney fees. Many firms (including ours) offer flat-fee uncontested divorce services for cooperating couples without complex assets. For more complicated situations -- businesses, multiple retirement accounts, blended families -- hourly fees apply but are still dramatically lower than a contested case.

For a detailed cost breakdown, see our full guide: How Much Does a Divorce Cost in Colorado?

Do You Need an Uncontested Divorce Attorney?

Technically no -- you can represent yourself ("pro se") in an uncontested divorce. But here's why most people choose to hire one anyway:

• The separation agreement is permanent. Once signed and approved by the court, it's binding. Mistakes are expensive to fix.
• You may be giving up rights you didn't know you had. Spousal maintenance, retirement-account division (QDROs), tax implications, and Social Security spousal benefits are easy to overlook.
• Paperwork mistakes delay finalization. The court rejects packets with missing signatures, incomplete financial disclosures, or wrong forms.
• Flat fees make legal help affordable. Many uncontested divorces can be handled for a fraction of contested-case rates.

When an Uncontested Divorce Isn't Right for You

Even if you both want a peaceful divorce, an uncontested approach may not be appropriate if:

• One spouse is hiding assets or income
• There's a significant power imbalance or history of domestic violence
• One spouse doesn't fully understand the financial picture
• One spouse is being pressured into signing
• The marriage involves a business that needs valuation
• One spouse has a much higher income and the other isn't being fairly compensated

In any of these situations, talk to a Fort Collins family law attorney before signing anything.

Frequently Asked Questions

How long does an uncontested divorce take in Colorado?

Minimum 91 days from filing/service. Most Larimer County uncontested divorces finalize within 90-120 days total.

Can we use the same attorney?

No -- Colorado attorneys can only represent one spouse. However, one attorney can prepare the paperwork while clearly representing only one party. Both parties sign acknowledgments understanding this.

Do we still need to file a parenting plan if our kids are adults?

If your children are over 19 (the standard end of child support in Colorado) and not still in high school, no parenting plan is required.

What if my spouse won't sign the separation agreement?

Then your divorce is contested. See our guide to contested divorce in Colorado for what to expect.

Can I get an uncontested divorce if we have kids?

Yes -- many parents successfully negotiate parenting plans and child support without litigation. The court still reviews the parenting plan to ensure it's in the child's best interests.

Do I have to go to court for an uncontested divorce?

In Larimer County, many uncontested decrees are entered without any hearing. Sometimes the court schedules a brief non-appearance final orders hearing or asks both parties to appear by video.

How a Fort Collins Uncontested Divorce Attorney Helps

A local attorney can:

• Draft a separation agreement that holds up under Colorado law
• Prepare the parenting plan and child support worksheets
• Handle all court filings and respond to court requests
• Review your spouse's separation agreement before you sign
• Spot tax, retirement-division, and Social Security issues you may have missed
• Get your decree entered without unnecessary delays

If you're considering an uncontested divorce in Fort Collins, Loveland, Greeley, Windsor, or anywhere in Northern Colorado, we offer free 15-minute consultations to help you decide whether the uncontested path makes sense for your situation.