Contested Vs Uncontested Divorce In Colorado

June 28, 2021

Going through a potential divorce is a life-altering event. Every personal situation is different. Are you considering going through with a contested or uncontested divorce in Colorado? If both spouses agree about getting a divorce and how you will divide up your debts and assets, then you may be able to file an uncontested divorce. Our family law attorneys at the Johnson Law Group can help you in any situation you may find yourself in. Contact us today for a free consultation via phone at (720) 463-4333 or text to chat at (720) 730-4558.

How Are Contested and Uncontested Divorces Different?

Uncontested divorces are when both spouses agree that you both want to get a divorce and on how your assets should be divided in the divorce.  It is still important to consider obtaining the advice and counsel of an attorney to help you draw up the paperwork and point out any remaining issues that need to be discussed. If you are having an uncontested divorce, you may also qualify for an uncontested divorce by affidavit. Our experienced attorneys can help determine if you qualify to file an Affidavit for Decree without Appearance of Parties. In this case, the court dissolves the marriage without the parties being present.

Many people pursue uncontested divorces because they are often faster and more cost-effective. The benefits of an uncontested divorce include:

  • Reduced costs and expenses: You can streamline the divorce process by agreeing to solutions for the division of assets upfront and save yourself time and money over the course of the divorce.
  • Privacy: While filings with the local court may be accessible to the public, an uncontested divorce allows you to keep negotiations throughout the divorce private.
  • Faster process: After agreement on how to divide assets you may decide to file the paperwork immediately with the court, saving you precious time and allowing your divorce to be finalized faster.

In contrast to uncontested divorces, contested divorces are when people do not agree. Usually, each side will hire its representation. Contested divorces are often drawn out as both parties and their attorneys deal with each legal issue related to the divorce.

Depending on how many issues you and your soon-to-be ex-partner do not agree on, an attorney or the court may encourage you to go through mediation before being seen by a judge for a final ruling on outstanding issues. Contested divorces usually involve a judge who makes decisions for the spouses who cannot agree on items related to their divorce.

What Should I Consider in a Divorce in Colorado?

Colorado is a no-fault state. This means that “irretrievable breakdown” is the only requirement for divorce.

If both spouses agree that you both want to get a divorce, you may want to determine if you are on the same page about the following items. If you are, an uncontested divorce in Colorado may be something you want to consider:

  • Parenting time
  • Child support payments
  • How you will divide your property
  • Spousal support
  • Retirement accounts and other investments
  • Debt

What Are the Requirements for an Uncontested Divorce in Colorado?

In the state of Colorado, you must meet the following requirements for an uncontested divorce:

  • Residency: Both spouses must have been a resident of Colorado for at least 91 days.
  • Property: Both spouses must not share any property, or you must have a separation agreement that discusses how you would like other assets to be divided.
  • Grounds for divorce: Both spouses must agree that your marriage is irrevocably broken.
  • No children: Both spouses must have no children and the wife must not be pregnant.
    • If you do have children, your agreement with your spouse must include a parenting plan that addresses parenting time, decision-making, and other items related to visitation and child support.
  • Affidavit decree: If you wish to be divorced without appearing for a hearing you must also show that your spouse has been served with the Affidavit.

How Quickly Can You Get Divorced in Colorado?

The Colorado Revised Statutes Title 14 states that you must have been a resident of Colorado for at least 91 days before filing for divorce. Thus, if you were married in another state but have recently moved to Colorado, you would have to wait until you have been a resident for 91 days before being able to file a petition for divorce.

What is the Process for an Uncontested Divorce in Colorado?

In an uncontested divorce, one or both parties may obtain representation by an attorney to help throughout the process. It is acceptable in an uncontested divorce for a spouse to represent themselves. A qualified family attorney at the Johnson Law Group can help guide you on state law as well as suggest items you may not have thought of as you go through the process of filing your divorce.

The process for divorce starts by filing a Case Information Sheet and Petition for Divorce. If filing together, the Petition for Divorce must be signed by both spouses. It may also be signed by the spouse filing for divorce. If your spouse did not sign the Petition for Divorce, you will also need to fill out a Summons for Divorce. The Summons is a notice document that is served to your spouse. Your spouse will then have 21 days to respond to the summons for divorce.

Once both spouses have reached a full agreement on all items related to the divorce, an attorney will draft the Separation Agreement. If there are still additional items that both spouses do not agree on you may want to consider mediation services (if needed).

A divorce hearing, typically required to finalize a divorce, may not be required in Colorado if the divorce is uncontested and if the proper affidavits are filed. If you are getting a divorce and have children, a judge may require a short hearing.

Do You Need an Attorney for an Uncontested Divorce in Colorado?

While it is possible to file for an uncontested divorce in Colorado without the assistance of an attorney, it is highly recommended to have someone review your separation agreement and any other documents related to the divorce to ensure that you are not missing any potential items that could impact the process of your divorce. An attorney can also ensure that documents are properly filed with the court, allowing you to have the opportunity for a faster divorce process overall.

Contact our Family Law Attorneys Today

Even if both spouses are in mostly or full agreement over the details of the divorce, our attorneys at the Johnson Law Group can guide you through the divorce process and ensure that all documents are filed appropriately with the court. Call us today at (720) 463-4333 or text to chat at or text to chat at (720) 730-4558 to determine how we can help ensure that your uncontested divorce in Colorado is effective and efficient.

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Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
Our experience, dedication to Colorado families, and our success in each case we represent sets us apart from the competition. We are passionate about family and estate law. Our highly-qualified team will work tirelessly to achieve the best possible results in your case.


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