Divorce is perhaps one of the most devastating experiences a person can endure. Besides mourning the loss of your relationship, you also have to navigate a complex legal process. Spouses who have a functional relationship and can work together can get an uncontested divorce. In Illinois, the uncontested divorce process will save you both money and time.
An uncontested divorce is a much faster process than a traditional divorce process because couples can often use a DIY solution, such as an online divorce service to simplify the divorce process. Also, they have the legal option of seeking professional help. If you and your spouse are contemplating filing an uncontested divorce, contact the experienced family law lawyers at Brighter Day Law today to schedule your initial consultation the best family law team in the area.
What Is an Uncontested Divorce in Colorado Springs?
An uncontested divorce is also referred to as a dissolution of marriage in Colorado. It means that both parties agree on all the crucial terms of the divorce, including:
- Division of marital property;
- Division of marital debts;
- Child custody and parenting time;
- Child support;
- Alimony, and
- any other disputes in your marriage.
Spouses can agree on their own without a mediator’s help. The dissolution agreement must resolve all disputes in the divorce and it must be signed by both parties. If there are any areas where both parties disagree, they must litigate those issues before a court hearing. However, you can still settle your divorce case before the trial date.
What are the Laws Surrounding Divorce in Colorado Springs?
The duration of a divorce case largely depends on the circumstances. However, all divorces in Colorado, including contested divorce and uncontested divorce, have some fundamental elements in common. For instance, the first step of a divorce proceeding requires a 90-day waiting period. To start the divorce process, one party files a summons and petitions the family law court for the legal action, and the other party receives notice or is served. After the other spouse receives a divorce petition, both parties must observe at least 90 days before the family law court can grant the divorce request. Sometimes, divorcing spouses may formally finalize a divorce process and receive a divorce decree in 91 days.
Other deadlines may also apply during this 90-day waiting period. For instance, each spouse has 20 days from the initial filing of the divorce paperwork to disclose their financial information to the family law court. If either party doesn’t disclose their financial information within this time frame, the time frame is extended to 40 days. Depending on the circumstances of your divorce, the judge may grant other court orders and provisions that may extend your divorce process.
Learn More: What Questions to Ask a Divorce Lawyer
At the shortest, a divorce in Colorado Springs can take about 3 months to finalize. However, this applies only to divorce proceedings where a couple doesn’t have minor children or other family law matters that may extend the proceeding. On average, a Colorado Springs divorce proceeding takes approximately 6-12 months.
Uncontested Divorce Process in Colorado
The first step in the uncontested divorce is to discuss key divorce terms with your soon-to-be-ex-spouse. The trademark of an uncontested divorce is that you and your soon-to-be-ex-spouse agree to the divorce and all the family law issues involved in the divorce. Next, it’s essential to note that you can proceed alone or with divorce attorneys in El Paso County. You may think that because both spouses agree on everything, they don’t need independent divorce attorneys, but that’s not the case. To ensure that the proposed divorce settlement agreement is in your best interest, it’s best to consult with separate family law attorneys before you sign the divorce decree and proceed.
You may need to file a divorce petition for an uncontested divorce. This is also called a divorce complaint. And you must pay a filing fee. If you can’t afford to pay the filing fee, most jurisdictions allow you to ask the judge to waive it by filing a fee waiver request. Also, you may need to file additional divorce documents, depending on where you live.
The divorce process varies from state to state, but you must submit the right forms and your signed divorce settlement agreement to the family law court. Once you submit the required documentation, you must wait for your state’s waiting period to lapse.
Once the family law court reviews your divorce paperwork and establishes that you’ve met all state requirements, the judge will either schedule a final hearing, or they’ll sign the judgment of divorce without a court hearing.
If you must attend a final hearing, be prepared to answer a few questions from the judge. Usually, the goal of a final hearing is for the court to make sure that you meet Colorado’s divorce requirements and that you and your spouse both voluntarily agree to the terms of the divorce settlement. After you’ve answered the judge’s questions, the judge will sign the divorce decree, and your divorce case will conclude.
How Long Does an Uncontested Divorce Take in Colorado Springs?
At a minimum, it takes at least 90 days for an uncontested divorce in Colorado. This assumes one party files the divorce paperwork, and the paperwork is served, which starts the 20-day response time frame, and there are no minor children in the marriage to trigger a two-month waiting period.
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The other factor is that court schedules are often affected because of issues with final hearing scheduling, backlogs, or other administrative processes. Typically, it takes approximately 4-6 weeks to finalize an uncontested divorce in Colorado.
Do You Need a Divorce Attorney for Uncontested Divorce?
You don’t need to hire a divorce lawyer to get an uncontested divorce in Colorado that’s because you can represent yourself during the divorce process. Couples can handle everything themselves or use an online service that simplifies the divorce process. Even though there’s no dispute in an uncontested divorce, one or both parties can hire family law attorneys to help them through the uncontested divorce. Talk to a family law lawyer, for example, if your divorce case feels complicated or you have unanswered questions.
If you choose to work with one, an experienced divorce attorney can advise you on your proposed divorce settlement and make sure you complete the divorce paperwork correctly. It’s essential to note that there’s another legal professional—a mediator—who can help you and your soon-to-be-ex-spouse agree and prepare the divorce paperwork that finalizes the divorce. To schedule a confidential consultation with an experienced divorce lawyer at Brighter Day Law, contact our family attorney in Colorado today at (719) 225-4443.