If you’re going through a divorce and have children, you’re probably feeling overwhelmed and unsure about what comes next. One of the biggest concerns for parents in Colorado is how child custody will be handled. The good news is that if you and your spouse can agree on custody and parenting time, an uncontested divorce can help you avoid a long and stressful court battle. This path allows you to work together to create a plan that prioritizes your child’s well-being, while also making the process smoother and less emotionally draining for everyone involved.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all major issues, including:
- Division of assets and debts
- Spousal support (alimony), if applicable
- Child custody and parenting time
- Child support
Since there are no contested issues, an uncontested divorce is typically quicker and less expensive than a contested divorce. In Colorado, a couple can finalize an uncontested divorce in as little as 91 days, the state’s mandatory waiting period. However, both parties must still follow legal procedures and ensure that all agreements align with Colorado family law, particularly when children are involved.
How Child Custody is Determined in an Uncontested Divorce
In Colorado, child custody is legally referred to as allocation of parental responsibilities (APR). This includes two primary components:
- Decision-making responsibilities – Determines who has the authority to make major life decisions for the child, including education, healthcare, and religious upbringing.
- Parenting time – Specifies where the child will live and the schedule for visitation with each parent.
The court requires a formal parenting plan that outlines these details. If both parents agree on a parenting arrangement, they can submit it to the court for approval. However, the court will only approve the agreement if it serves the best interests of the child.
Benefits of an Uncontested Divorce for Parents
Choosing an uncontested divorce can provide significant advantages, particularly for parents who want to minimize conflict and maintain a cooperative relationship. Some key benefits include:
- Less stress for children – Avoiding a prolonged court battle can make the transition easier for children.
- Faster resolution – Since both parents agree on key issues, the process moves more quickly than a contested divorce.
- Lower legal costs – It typically involves fewer court appearances and lower attorney fees.
- More control – Parents can create a plan tailored to their family’s needs instead of leaving decisions to a judge.
- Stronger foundation for co-parenting – Resolving custody issues amicably can lead to a healthier co-parenting relationship in the future.
Steps to Finalizing an Uncontested Divorce with Custody in Colorado
Even when parents agree on the terms of their divorce, there are still multiple legal steps required to finalize the process.
1. Meet Colorado’s Residency Requirement
To file for divorce in Colorado, at least one spouse must have lived in the state for at least 91 days before filing. If the case involves a minor child, the child must have lived in the state for at least 182 days before initiating the divorce.
2. Draft a Parenting Plan
Parents must create a detailed written agreement outlining child custody, visitation schedules, and decision-making responsibilities.
3. File Divorce Papers
The required documents include:
- Petition for Dissolution of Marriage
- Case Information Sheet
- Summons (Can skip if you sign the petition together)
- Property & Financial Agreement
4. Court Review and Approval
A judge will review the documents to ensure the custody arrangement serves the child’s best interests. If the agreement is fair and legally sound, the court will most likely approve it.
5. Finalize the Divorce
After the 91-day waiting period, the court will issue a final divorce decree, making the custody, support, and property agreements legally binding.
How a Colorado Family Law Attorney Can Help
A Colorado family law attorney ensures that your custody agreement is legally sound, protects your parental rights, and complies with Colorado’s legal requirements. Without proper guidance, it’s easy to overlook important details that could potentially lead to complications in the future.
At Colorado Legal Group, our experienced divorce and family law attorneys provide the support and legal insight you need to confidently start your next chapter. We help parents create clear, legally enforceable parenting plans, ensure child support obligations are accurately calculated, and proactively address potential custody issues before they become disputes. If you are ready to move forward with an uncontested divorce while ensuring your custody agreement is structured for long-term success, contact Colorado Legal Group today to schedule a consultation.