What Is A Uncontested Divorce?
Uncontested divorces allow couples to end their marriage without the stress and expense of a contested divorce. In an uncontested divorce, both divorcing parties agree on all aspects of the dissolution of marriage, including property division, child custody and support, alimony, and parental visitation rights.
This type of dissolution can be completed relatively quickly, often in less than six months. Uncontested divorces can be done without a divorce attorney. Still, it is always best to consult with an attorney before proceeding with any divorce.
Benefits Of A Uncontested Divorce
An uncontested divorce is often the best solution for couples who have decided on a dissolution of marriage. The process is relatively simple and can be completed quickly. If you and your spouse can reach an agreement, a no contest divorce can be a quick and stress-free way to end your marriage.
There are several benefits of uncontested divorces, including:
- Typically less expensive than a contested divorce and may save you money by avoiding the cost of family law attorneys and litigation.
- Uncontested divorces can be finalized in as little as eight weeks from the date of filing, which is a lot quicker than a contested divorce which can be time consuming and drag on for months or even years.
- Allows couples to control the outcome of their divorce, often resulting in more amicable settlements that leave both spouses feeling confident about their future.
An uncontested divorce allows couples to control the outcome of their divorce, which can be an essential factor in deciding whether or not to proceed with this type of divorce. An uncontested divorce is not suitable for every couple.
Still, if you can reach an agreement, it can be an ideal way to end your marriage. Uncontested divorce also has the potential to save you time and money, two things that are often in short supply during a dissolution of marriages.
Uncontested Divorce Process
The same laws govern uncontested divorce in Colorado as contested divorces. The process is relatively simple and can be completed relatively quickly. There are three primary steps in the process:
- Filing for divorce: either spouse can petition for divorce in Colorado. Still, the process is typically started by the spouse who wants to end the marriage.
- Serving divorce paperwork: once the divorce papers have been filed, they must be served on the other spouse.
- Filing uncontested divorce forms: once both spouses have agreed on all aspects of the divorce, they will file uncontested divorce forms with the court in their state of residence.
Uncontested Divorce Factors
An uncontested divorce allows couples to control the outcome of their divorce, which can be an essential factor in deciding whether or not to proceed with this type of divorce. An uncontested divorce is not suitable for every couple. Still, if you are able to reach an agreement, it can be a quick and stress-free way to end your marriage.
The process of an uncontested divorce is relatively simple. First, you and your spouse must agree on all divorce terms. Then, you will file a petition for an uncontested divorce with the court. Finally, a judge will review your case and grant a decree of dissolution of marriage.
There are a few factors to consider when deciding if uncontested divorce is right for you, including:
- Property allocation: how will your assets and debts be divided? This can become complex, with a lot of assets or property to divide between you and your spouse.
- Child support: If minor children are involved, how will they be taken care of? When it comes to child support, consideration must be placed on the child’s needs and the ability of each parent to pay.
- Alimony: If one spouse is financially dependent on the other, how will spousal support be handled? Spousal maintenance typically becomes necessary when one spouse has significantly more income than the other.
- Parental visitation: if you have minor children, how will child custody and visitation be arranged? Both spouses need to develop a child custody arrangement that is fair to both.
- parental visitation: if you have children, how will custody and visitation be arranged?
Suppose both parties can agree on all of these factors. In that case, you will likely be able to obtain an uncontested divorce successfully. However, if you cannot reach an agreement on one or more of these factors, then your divorce may become contested.
Other Types Of Colorado Divorces
A family law attorney can help you understand the types of divorces available in Colorado and the factors considered in your case.
Contested Divorce
If the divorcing parties cannot agree on all of the terms of their divorce, they may need to file for a contested divorce. In a contested divorce, the parties will go to court and have a judge decide on the outstanding issues.
Separation Agreement
Legal separation is an arrangement where a married couple lives apart but remains married. Often parties who legally separate do so for religious reasons or to maintain health insurance or life insurance benefits.
Legal separations may be mutually agreed to or ordered by judicial decree. Colorado law requires that the parties live separately and apart for at least ninety days before they can file for an uncontested divorce.
Default Divorce
One spouse files for divorce in Colorado, the other spouse has 20 days to respond. If they don’t, the filing spouse can request a default divorce.
A default divorce is when the court grants the divorcing couple everything they asked for in their original petition because the other spouse didn’t object or show up to contest it.
No-Fault Divorce
Colorado is a no-fault state; therefore, under Colorado law, a no-fault divorce can be granted if the parties have “irreconcilable differences” or have lived apart for at least 104 weeks.
If you choose to file for no-fault divorce, you will not need to prove that your spouse did anything wrong. Instead, you will only need to show that your marriage is irretrievably broken and that there are no reasonable prospects for reconciliation.
Seek Legal Counsel
If considering a divorce in Colorado, it is important to consult with an experienced attorney who can help you understand the benefits and process of uncontested divorce. With the help of a qualified attorney, you can make the decisions that are in your family’s best interests.
Once the court grants your divorce, you’ll be legally separated from your spouse. Once these terms of separation are agreed upon, a divorce lawyer can file a petition for divorce with the court. You’ll also need to file a financial affidavit, which is a document that lists all your assets and debts. If both spouses sign the paperwork, the divorce can be finalized without a trial. You may not even be required to attend a hearing.