Contested vs. Uncontested Divorce in Colorado
In Colorado, divorce is classified as contested or uncontested. A divorce is contested if a couple cannot resolve child custody, spousal support, or other issues on their own. Alternatively, a divorce is uncontested if no such issues exist and both parties are in agreement on the terms of their separation.
Trust a lawyer to teach you what you need to know about a Colorado divorce. A divorce attorney discusses contested vs. uncontested divorce in Colorado and what it means to move forward with either option. They can help you determine if it is in your best interests to proceed with a contested or uncontested divorce.
What Is a Contested Divorce?
In a contested divorce, the court must resolve issues between the parties. For example, a couple has children but cannot decide on custody of them. With no resolution, the court will hear each party’s argument. It will decide how child custody will be split between the parties once their divorce is finalized.
A contested divorce may be a preferred option over an uncontested one to ensure both parties are treated fairly. If either spouse feels their rights are being violated, they have the opportunity to share their concerns with the court. Next, the court can decide what to do to make sure that each party’s rights are protected.
Alternatively, a contested divorce can be expensive and complicated. Legal fees can add up quickly, as both parties may have to make multiple court appearances and attend depositions. In addition, this option can be emotionally taxing on all involved. Along with these things, it can take months or years to resolve a contested divorce.
What Is an Uncontested Divorce?
If a divorce is uncontested, both parties agree to a division of assets, child custody, and, if necessary, spousal support. This option typically takes less time and is more economical to complete than a contested divorce. If there are concerns about fairness or domestic violence, an uncontested divorce can make it difficult for each party to achieve their desired result.
Contested vs. Uncontested Divorce in Colorado: What Is the Best Option for You?
A contested divorce may be ideal if you value protection. It allows you and your spouse to present your respective arguments in court, which aims to protect the legal rights and best interests of both parties. You can have a Broomfield divorce lawyer represent you as you go through your case proceedings. A divorce attorney will advocate for you and help you make informed legal decisions.
Comparatively, an uncontested divorce may be beneficial if you want to avoid the stress and hassle that come with a contested separation. You and your spouse can agree to the terms of your divorce and go along with your lives separately much faster than you could if you fight one another on a wide range of issues. The time and money you commit to an uncontested divorce may be significantly less than what you would have to allocate to a contested one.
Weigh the pros and cons of contested and uncontested divorce carefully before you decide on either one. Talk with a divorce attorney, as they can look at the specifics of the situation between you and your spouse. Your lawyer can explain both options in depth and help you make an informed decision on which one will work well for you.