When neither spouse disputes a divorce decree, this is then considered an uncontested divorce in Colorado. When choosing to file for an uncontested divorce, a married couple agrees on the terms of the divorce and chooses to streamline the court proceedings saving themselves stress, time, and money.
Do you qualify for an uncontested divorce in Colorado?
Before you ever consider the route of an uncontested divorce, it’s essential to consider the current relationship with your soon-to-be ex-wife or ex-husband. If there is any level of uncertainty about how you will divide your assets or resolve spousal support or child custody issues, then an uncontested divorce will probably be out of the question.
Too many couples have attempted uncontested divorces and failed because they didn’t carefully consider certain points that would be challenged. The result is that more time and money was spent on their divorce than they would ever have spent on a contested divorce.
Under Colorado law, it is possible to finalize an uncontested divorce in under 90 days. This is only possible if both parties can resolve matters without the need for a mediator, attorney, or court proceeding.
Due to the nature of Colorado law, you and your spouse have to meet the following conditions.
- Both of you must have resided in Colorado for a minimum of 90 days
- The state only grants a contested divorce to couples who do not share any property, and who have fully demonstrated a fair division of their assets, through the use of a signed separation agreement
- Both parties need to sign a divorce agreement
- if you have children, both parties must agree to formally custody terms which include both child support and visitation rights
While some couples do choose to file for an uncontested divorce without the help of an attorney, it is probably advisable to retain a divorce attorney, to at least review the separation agreement and any child custody documentation. The experience of a divorce attorney can prove invaluable to ensure that all paperwork is correctly filled out and filed.
You will find that many family law attorneys in Colorado will offer flat-fee for uncontested divorces. This means these fees generally depended on the level of support you need and the type of services that they will have to provide.
How to resolve a disagreement, that is holding up an uncontested divorce?
It’s highly unlikely that a couple will always agree to the terms of the divorce. They will most likely have to retain some outside help to arrange a child custody agreement and divide any property fairly.
Mediation services have proven extremely helpful to parties looking to pursue an amicable uncontested divorce, Especially when they need some help resolving deadlocked disagreements. A mediator is a qualified third-party who is trained in dispute resolution, they can also be arranged outside of a courtroom. Mediators can be trusted to make unbiased, unemotional, and fair decisions about the terms of a separation
How to finalize an uncontested divorce in Colorado?
Even though the majority of uncontested divorces can be resolved outside of a court, the final proceeding will need to a court hearing. During the hearing, your appointed judge will evaluate the legality of your divorce paperwork and the appropriate separation agreement, which finalizes the divorce. When compared to the cost of a contested divorce under stress involving a successful uncontested divorce is the roof that many couples successfully separate.
What are the benefits of getting an uncontested divorce?
For couples considering a divorce in Colorado and uncontested, one has several benefits. Here are the most common advantages that you will get from this type of divorce
Reduced expenses and costs
As we’ve only alluded to the fact that the majority of an uncontested divorce can be resolved in private and in some cases without the need of an attorney. Divorcing parties will need to bargain with each other to settle their affairs. This will require them to be able to communicate in a friendly manner as everything should be resolved in private and with no additional cost.
Should these negotiations begin to struggle, you should employ the services of a mediator before you consult an attorney. Even though a mediator will cost you a few hundred dollars per hour, they will take up fewer hours and charge lower fees than an attorney.
Remain private and confidential
Even though your final negotiation statements will be filed in a local court. Once all terms are agreed upon, there is no legal obligation to disclose any agreement that is being made between each spouse. The only thing that is freely accessible to the public is the statements that are filed in court. This means any personal negotiations or conditions that the couple agreed upon me can be kept private.
Quick and clean resolution
For a couple looking for a dignified resolution to their differences and an uncontested divorce is an excellent choice. A courtroom full of lawyers can be avoided by choosing an uncontested divorce because of this it’s a quicker and easier route. Once a couple settles on the terms and conditions of their divorce, it’s merely a matter of filing the paperwork with the court. As we mentioned previously, this can all be achieved in under 90 days in Colorado.
More amicable agreements can sometimes be reached
As both spouses are entirely in agreement with the terms of the divorce, it sometimes opens the door for forgiveness and healing further down the line. Especially if there are some property concerns and children involved. Regardless of prior disagreements, the couple needs to take time and discuss each aspect of the divorce with each other. These open and honest meetings have often resulted in couples choosing to give their marriage a second chance.
Far less stressful
Choosing the root of a no-contest divorce is far less stressful than a contest. Contested divorces regularly to get ugly, especially your at the surrounding matter is of infidelity, alimony, or child support and custody. If you and your spouse can put your differences aside and reach an amicable agreement to file for a no-contest divorce, this will save both of you a lot of time money, and unnecessary stress.
The legal team at Brighter Day℠ Law has extensive experience with all of the complex legal issues that divorcing couples may face, and we are ready to provide you the legal counsel you need during this challenging time
Do I really need a lawyer for my uncontested divorce?
A divorce is a major life event, even when spouses agree to part ways. An uncontested divorce may raise a series of concerns such as how your finances will look like after the divorce, how the relationship with your children is going to change, and how the loss of your marriage will take a toll on your emotional health.
The legal issues of a divorce can affect you even if you work together with your spouse to achieve a clean separation. Some people think that hiring an attorney would do nothing but put even more burden on their shoulders. This is why many of them consider that an uncontested divorce doesn’t require a lawyer.
If you are like most people who amicably agree to divorce, you’ll probably ask yourself whether you should hire a lawyer to handle your case. However, many people fail to understand the complexity of their divorce case. Some cases may prove to be more difficult than they seem at first sight.
If you are going to go through an uncontested divorce, you should still think of the opportunity of hiring a lawyer to help you document and prepare your case and to represent you in court. Call us now to discuss your case and to schedule an appointment with one of our experienced divorce attorneys in Colorado Springs.