What Is An Uncontested Divorce In Colorado?

An uncontested divorce occurs when both spouses agree on all major issues, including property division, spousal maintenance, child custody, and child support. This type of divorce is typically faster, less expensive, and less stressful than a contested divorce.

Requirements for Uncontested Divorce

For a divorce to be truly uncontested, spouses must agree on:

• Property Division: How all marital assets and debts will be divided
• Spousal Maintenance: Whether maintenance will be paid, and if so, the amount and duration
• Parenting Plan: If children are involved, a complete parenting plan including custody and parenting time
• Child Support: The amount of child support to be paid
• All Other Issues: Any other matters related to the marriage

Benefits of Uncontested Divorce

Choosing an uncontested divorce offers many advantages:

• Lower Costs: Significantly reduced legal fees since there is no litigation
• Faster Resolution: Can be completed shortly after the 91-day waiting period
• Less Stress: Avoids the emotional toll of courtroom battles
• Privacy: Less information becomes part of the public record
• Better Co-Parenting: The cooperative process helps establish positive communication patterns
• Control: You and your spouse decide the terms, rather than a judge

The Uncontested Divorce Process

The process for an uncontested divorce typically includes:

• Preparation: Working together to reach agreements on all issues
• Filing: One spouse files the Petition for Dissolution along with the signed Separation Agreement
• Waiting Period: Colorado requires a 91-day waiting period from filing
• Financial Disclosure: Both parties must still complete required financial disclosures
• Court Approval: The court reviews the agreement to ensure it is fair and complete
• Final Decree: The judge signs the Decree of Dissolution, making the divorce final

Is an Uncontested Divorce Right for You?

An uncontested divorce may be appropriate if:

• You and your spouse can communicate and cooperate
• Both parties are willing to negotiate in good faith
• There are no concerns about hidden assets
• Both parties understand their rights and the implications of their agreements
• There is no history of domestic abuse or significant power imbalance

Do You Need an Attorney?

Even in an uncontested divorce, having an attorney review your agreement is strongly recommended. An attorney can ensure you understand your rights, identify potential issues, and help you avoid mistakes that could be costly in the future. Some couples each have their own attorney review the agreement, while others have one attorney prepare the documents with both parties understanding that attorney represents only one spouse.