Uncontested Divorce in Colorado: How It Works and How to File

Divorce is never an easy decision, but for some couples, the process doesn’t have to be contentious or drawn out. In Colorado, uncontested divorce offers a smoother, less stressful path for those who can agree on the terms of their separation. But what exactly does it involve, and how do you get started?

At Foothills Collaborative Divorce Professionals (FCDP), we specialize in helping couples navigate divorce amicably, ensuring that both parties feel heard and supported throughout the process. If you’re considering an uncontested divorce, here’s what you need to know:

• What makes an uncontested divorce different
• The steps to file in Colorado
• How collaborative law can make the process even easier

Let’s dive into the details.

‍What Is an Uncontested Divorce?

‍An uncontested divorce is a legal process where both spouses agree on all major issues, including division of property, child custody, and financial support. Unlike contested divorces, which often involve lengthy negotiations or court battles, uncontested divorces are typically faster, less expensive, and less stressful.

In Colorado, uncontested divorce is also referred to as a "dissolution of marriage." It’s designed for couples who can communicate effectively and resolve their differences without litigation. This doesn’t mean the process is easy, but it does mean it’s more cooperative and solution-focused.

For an uncontested divorce to succeed, both parties must be willing to compromise and commit to the terms of their agreement. Without mutual cooperation, the process may shift toward a contested divorce, leading to higher costs and emotional strain.

‍How Uncontested Divorce Works in Colorado

‍In Colorado, the process for an uncontested divorce begins with filing a petition for dissolution of marriage. This petition must include all agreements between the parties, including parenting plans, division of assets, and spousal maintenance if applicable.

Once the petition is filed, Colorado law requires a mandatory waiting period of 91 days before the divorce can be finalized. During this time, the court reviews the petition to ensure it complies with state laws and protects the best interests of any children involved.

If the court approves the petition and all agreements, the divorce can be finalized without either party needing to attend a court hearing. This streamlined approach is one of the biggest advantages of uncontested divorce in Colorado.

‍Steps to Filing for an Uncontested Divorce

‍Filing for an uncontested divorce involves these key steps:

1. Complete the necessary forms: This includes a petition for dissolution of marriage, financial disclosures, and parenting plans if children are involved.
2. File the paperwork: Submit your forms to the district court in the county where you or your spouse resides.
3. Serve your spouse: Even in uncontested cases, one spouse must formally serve the other with divorce papers, typically by mail if both parties agree.
4. Submit your agreement: Include all terms of your divorce agreement for court review.
5. Wait for the mandatory 91-day period: The court requires this time before finalizing the divorce.
6. Receive the final decree: Once approved, the court will issue a decree of dissolution of marriage, officially ending the marriage.

While straightforward, mistakes in the paperwork or agreements can delay the process, so attention to detail is crucial.

‍Benefits of Choosing an Uncontested Process

‍Uncontested divorce offers several advantages:

• Faster resolution: Without court battles, the process is quicker and less stressful.
• Lower costs: Legal fees are reduced since there’s no prolonged litigation.
• More control: Couples can decide the terms of their agreements rather than leaving decisions to a judge.
• Better outcomes for families: Collaboration fosters mutual respect and smoother co-parenting.

By working together, couples can create a resolution that benefits everyone involved.

‍How Collaborative Law Supports Uncontested Divorces

‍Collaborative law provides a structured, solution-oriented framework for couples who want to avoid litigation. It introduces neutral professionals, such as financial advisors and child specialists, to guide the process and ensure fairness.

For uncontested divorces, collaborative law helps couples address any lingering concerns or complicated issues, such as:

• Dividing retirement accounts or investments
• Finalizing long-term co-parenting arrangements
• Resolving disagreements about spousal maintenance

This approach focuses on open communication and problem-solving, allowing both parties to feel confident in their agreements.

‍Common Mistakes to Avoid When Filing

‍Even in uncontested divorces, small errors can lead to delays or complications. Here are some common pitfalls to watch for:

• Incomplete financial disclosures: Both spouses must fully disclose assets and debts.
• Missed deadlines: Failing to submit paperwork on time can set back the process.
• Overlooking legal details: Agreements must comply with Colorado laws to be approved.

Working with a professional, like the team at FCDP, can help you avoid these mistakes and ensure a smooth process.

‍ Let FCDP Help You Navigate Uncontested Divorce

‍Uncontested divorce in Colorado offers a straightforward and cooperative way for couples to end their marriage. By understanding the process, filing correctly, and avoiding common pitfalls, you can achieve a faster and less stressful resolution. At Foothills Collaborative Divorce Professionals (FCDP), we’re here to guide you through every step. Whether you need help drafting agreements, filing paperwork, or ensuring fairness, our team of collaborative professionals is ready to support you. Contact us today to start the process on the right path.