An uncontested divorce offers a way to minimize conflict, reduce costs, and complete the process more efficiently. If you and your spouse agree on all major issues, filing uncontested divorce papers in Colorado can be relatively straightforward. This guide explains how to file for an uncontested divorce, some of the potential challenges, and when legal assistance may be beneficial.
How Long Does an Uncontested Divorce in Colorado Take?
The minimum time frame for an uncontested divorce in Colorado is 91 days, but delays can happen due to:
- Court processing times
- Errors or omissions in paperwork
- Complex financial or parenting arrangements
Most uncontested divorces are finalized within three to six months, depending on the case’s complexity and the court’s schedule.
Step-by-Step Guide to Filing Uncontested Divorce Papers in Colorado
Step 1: Determine Eligibility
Before filing uncontested divorce papers, you must meet Colorado’s residency requirements:
- At least one spouse must have lived in Colorado for a minimum of 91 days before filing.
- If you have minor children, they must have lived in Colorado for at least 182 days for the court to have jurisdiction over custody matters.
Step 2: Prepare and File Divorce Papers
To initiate the divorce process, complete and file the appropriate uncontested divorce papers with the district court in the county where either spouse resides. These typically include:
- Petition for Dissolution of Marriage – The document that formally begins the divorce.
- Case Information Sheet – Provides basic details about both spouses.
- Property and Financial Agreement – Outlines how assets, debts, and spousal support will be handled.
- Parenting Plan and Child Support Worksheet – Required if you have minor children.
- Affidavit for Decree without Appearance of Parties – Used to finalize the divorce without a court hearing. This Affidavit is only used if there are no minor children involved in the case.
Uncontested divorce papers can be found on the Colorado Judicial Branch website or obtained from your local courthouse.
If both spouses file jointly, they will be listed as Co-Petitioners and can move forward without serving the other party. If only one spouse files, they are the Petitioner, and the other becomes the Respondent.
Step 3: Serve Your Spouse (If Filing Alone)
If only one spouse files, the other must be formally served with the uncontested divorce papers—unless they sign a waiver of service. Options for service include:
- Personal service by a sheriff, private process server, or anyone over the age of 18 that is not involved in the case
- Certified mail with return receipt
- Voluntary acceptance of service, signed by the Respondent
If you filed jointly as Co-Petitioners, no service is required.
Step 4: Finalize the Agreement
The property and financial agreement is a required component of uncontested divorce papers and must be approved by the court. It should clearly address:
- Division of assets and debts
- Spousal support, if applicable
- Parenting time and custody arrangements (if children are involved)
If the court finds the agreement to be unfair or incomplete, you may be asked to revise and resubmit, which could delay the process.
Step 5: Observe the 91-Day Waiting Period
Colorado law imposes a mandatory 91-day waiting period from the date your spouse is served (or from the date of joint filing). During this time:
- The court will review the submitted uncontested divorce papers
- Spouses can finalize any remaining terms or agreements
- The judge will determine whether a hearing is necessary
If everything is in order, the court may finalize the divorce without requiring a hearing.
Step 6: Finalizing the Divorce with a Decree by Affidavit
If both parties have completed and signed all required uncontested divorce papers and the agreement complies with Colorado law, the judge may grant the divorce by issuing a Decree by Affidavit, meaning:
- The judge will review the uncontested divorce papers and finalize the case
- No court appearance is required
If you have minor children and neither party is represented by an attorney, the court may still require a brief hearing to ensure the parenting arrangements serve the children’s best interests.
Hiring an Uncontested Divorce Attorney in Colorado
Filing uncontested divorce papers in Colorado can be a smooth process as long as both spouses stay in agreement and complete all necessary steps. However, even in amicable divorces, legal errors, overlooked financial details, or improperly prepared uncontested divorce papers can cause delays or complications.
At Colorado Legal Group, our divorce and family law attorneys in Denver, Colorado Springs, and Grand Junction can help you avoid costly mistakes and ensure everything is done right the first time. Whether you need help preparing uncontested divorce papers or simply want peace of mind that your agreement is solid, contact our firm today.