Uncontested Divorce Attorney in Denver

What Is An Uncontested Divorce in Colorado?

An uncontested divorce in Colorado is a great solution if you and your spouse have been able to come to a (mostly) complete agreement regarding the division of property, time-sharing with children, and how assets will be divided. In an uncontested divorce, an attorney is hired to represent one party, and the other party can represent themselves, or both parties can retain separate attorneys. Your attorney will guide you on the law and how the court might rule on certain issues you may not think to address.

Once a complete agreement has been made, your divorce attorney will prepare the divorce packet memorializing the agreements made between the parties and file all documents with the Court. If only one spouse has an attorney, and there are minor children involved, there will be a brief hearing in front of a judge to receive the decree of dissolution. If both spouses are represented or if there are no children involved, typically, the non-contested hearing just described can be avoided altogether.

Do You Need an Attorney for an Uncontested Divorce?

Uncontested divorce cases frequently have much lower legal fees, so you might be asking yourself why Colorado Legal Group loves doing them. The answer is that they give us an opportunity to make a real difference in our clients’ lives. Our goal is to resolve your uncontested divorce case quickly, cost-effectively, and minimize any drama associated with the process.

Thinking About Doing It Yourself? Know This First

Every year, couples throughout Colorado successfully handle their own uncontested divorces. At the same time, many couples create further problems for themselves because of mistakes or oversights they make while preparing their documents or by using online companies that promise a cheap divorce packet. Here are some things to consider when determining if you should hire an attorney to represent you:

Complexity of Your Divorce

People with few assets and debts have a far better chance of doing this successfully than people with complicated issues, especially involving child custody, spousal support, real estate, and retirement accounts. Even in uncomplicated cases, parties often overlook important details and deadlines in the separation of their home, both as to assets/debts and to children. Unfortunately, this sometimes means ending up in litigation after the divorce is finalized, even years down the road.

How Well Are You Getting Along?

Completing an uncontested divorce packet does require that you and your spouse spend some time and effort completing and filing the correct documents. While this is possible, we have also seen many cases fall apart because the parties could not cooperate sufficiently.

Are You Willing to Work?

While most courts will provide you with the necessary documents to file your case, it can be a difficult road to navigate as to how to fill out those forms, which ones are required, etc. Courts have specific rules regarding the filling out and filing of pleadings.

Unforeseen Issues

Where we see the most problems in pro-se uncontested divorces are usually in the areas of taxes, child custody, retirement, the marital home, and properly dividing debt. Divorce packets do not explain how to draft things like enforcement provisions and alternatives to returning to court, creating problems you didn’t even know existed.

Uncontested Divorce vs. Mediated Divorce: What’s the Difference?

If you and your spouse have reached an agreement on some terms of your divorce, but would like an attorney to help you resolve the remaining issues, another good option can be a mediated divorce. In a mediated divorce, the attorney acts as a neutral third party who facilitates settlement negotiations. The mediator has the expertise to come up with creative solutions and resolve issues the parties may not have even anticipated. In mediation, the attorney usually prepares all paperwork necessary to finalize the divorce.

Benefits of Uncontested Divorce in Colorado 

• Cost-Effective: Uncontested divorces are typically much cheaper than contested divorces. With fewer legal battles, the costs associated with attorney fees and court appearances are significantly reduced.
• Faster Resolution: Since both parties agree on the major issues, the divorce process moves much faster. This can be especially beneficial for couples looking to move on with their lives quickly.
• Less Stressful: Agreeing on terms without prolonged disputes reduces the emotional strain on both parties. This is particularly important when children are involved, as it can lead to a more amicable post-divorce relationship.
• Privacy: Uncontested divorces typically involve less public disclosure of personal matters, allowing couples to keep their private lives more confidential.

Disadvantages of Uncontested Divorce in Colorado 

• Requirement of Agreement: The main disadvantage of an uncontested divorce is that both parties must be willing to cooperate and reach a consensus on all significant issues. If there is substantial disagreement or an unwillingness to compromise, an uncontested divorce might not be achievable. In such situations, a contested divorce may be necessary, which is often more time-consuming and expensive.

• Limited Legal Protections: Choosing an uncontested divorce means depending on the agreement made between the spouses. Without legal oversight, enforcement mechanisms may be lacking if one party fails to fulfill their obligations. Working with an attorney to draft a comprehensive and enforceable agreement can help protect your interests.

• Complex Legal Documents: Although an uncontested divorce is generally more streamlined, it still involves completing and filing various legal documents. These documents must accurately reflect the agreed-upon terms and comply with Colorado’s divorce laws. Consulting with an experienced attorney can ensure that all necessary paperwork is correctly prepared and filed.

• Potential for Imbalance: In an uncontested divorce, there is a risk that one party may have more leverage, leading to an unfair outcome. This is why it is advisable for each spouse to have access to legal counsel to ensure their rights are protected and to make informed decisions, even in an uncontested divorce. 

Steps to Filing an Uncontested Divorce

Initial Agreement

Both parties must agree on all major issues, including division of assets and debts, child custody and support, and spousal support.

Consult an Attorney

Even in uncontested divorces, it is advisable to consult with an attorney to ensure that your rights are protected and that all legal requirements of your Colorado divorce are met.

Drafting the Divorce Agreement

Your attorney will draft the divorce agreement, ensuring that all terms are clearly outlined, requirements are met, and the agreement is legally binding. For uncontested divorces, couples typically initiate the case as co-petitioners. 

Filing the Divorce Papers

The completed divorce packet is then filed with the court. If children are involved and only one spouse has an attorney, a brief hearing will be required before the uncontested divorce in Colorado can be finalized. 

Finalizing the Divorce

If the court is satisfied with the agreement and all legal requirements are met, the divorce will be finalized, and the decree of dissolution will be issued.

Common Mistakes to Avoid in Uncontested Divorce 

• Incomplete Documentation: Ensure that all necessary documents are filled out correctly and completely. Missing information can delay the process or even result in the dismissal of your case.
• Overlooking Financial Details: Make sure all financial matters, including debts and retirement accounts, are addressed in the agreement. Failing to do so can lead to future disputes.
• Not Considering Future Changes: Draft provisions for potential changes in circumstances, such as changes in income or relocation. This can help avoid future legal battles.
• Ignoring Tax Implications: Consider the tax consequences of asset division and support payments. Consult with a financial advisor if necessary to understand the full impact.

An uncontested divorce can be a straightforward and relatively less stressful way to end a marriage, provided that both parties are in agreement on the major issues. However, even in uncontested cases, it is important to approach the process with careful consideration and legal guidance to ensure a smooth and fair resolution. At Colorado Legal Group, we are dedicated to helping you navigate the complexities of divorce with compassion and expertise. If you have any questions or need assistance with your uncontested divorce in Colorado, please contact us to schedule a consultation.