How Long Does an Uncontested Divorce Take in Colorado?
An uncontested divorce may be your fastest route to a Dissolution of Marriage in Colorado. An uncontested divorce takes around three to six months to finalize.
At the minimum, a Colorado divorce will take three months. This is because the court will only sign off on a divorce decree 91 days after the filing of the affidavits.
Why Three to Six Months?
Three to six months may seem like a long time to finalize an uncontested divorce. However, uncontested divorces require the spouses to agree on all major divorce issues without court intervention.
- The division of assets and debts;
- Spousal maintenance (if any); and
- Child custody, visitation, and support.
The spouses must also prepare, file, serve, and respond to legal case documents. Any mistakes in paperwork or service could unnecessarily delay an uncontested divorce.
The Advantages of an Uncontested Divorce in Colorado
There are advantages to an uncontested divorce. Uncontested divorces offer cost-savings and simplicity to spouses with little property and no children.
They also work well for spouses with children who have an amicable relationship and can agree on major issues. An uncontested divorce can foster a co-parenting relationship in the future and benefit the children.
Uncontested divorces allow spouses to control their own major life decisions going into the future. When the court makes these decisions on spouses’ behalf, one or both spouses are typically unhappy with the outcome.
The Disadvantages of an Uncontested Divorce in Colorado
Not all situations are suited for an uncontested divorce. When divorces involve complex property division, multiple assets, or asset inequality between spouses, an uncontested divorce may not be appropriate.
Complex or high-asset divorces need professional assistance from appraisers, accountants, and other experts to ensure they are properly valued and divided equitably between the spouses. In divorce cases where there is an imbalance of power, an uncontested divorce may not protect the legal rights and interests of the disadvantaged spouse to property, spousal maintenance, and child support.
A disadvantaged spouse may also need court intervention to receive a fair child custody arrangement and visitation schedule.
Requirements for an Uncontested Divorce in Colorado
To qualify for an uncontested divorce in Colorado, one of the spouses must have lived in Colorado for the last 90 days and:
- The spouses must have no property to divide or must have signed a fair property separation agreement;
- The spouses must agree that the marriage is irreparable;
- The spouses must not have any minor children, the wife must not be pregnant; and
- If there are children, the spouses must sign a separation agreement that shows agreement on child custody and visitation, as well as child support (if applicable).
Additionally, the spouses must file Sworn Financial Statements, a proposed Decree of Dissolution of Marriage, a Parenting Plan, and a certificate of completing court-approved parenting classes (if applicable).
Do I Need an Attorney for an Uncontested Divorce in Colorado?
You may not need an attorney for an uncontested divorce in Colorado, but it is wise to consult one. Spouses who choose to act as their own attorneys are held to the standard of attorneys by the court. They must follow legal rules and statutes and ensure their divorce filings are correct and timely.
Contact an Experienced Broomfield Uncontested Divorce Attorney Today
Eliminate any guesswork and anxiety in filing your uncontested divorce by contacting Danielsen Westhoff, PC. We are Broomfield family law attorneys dedicated to addressing your divorce questions and concerns and meeting your family law goals.
Schedule your consultation with a skilled divorce attorney today by calling Danielsen Westhoff, PC, at (720) 704-1504 or contacting us online.