Choosing to move forward with a divorce is rarely an easy decision, but when you and your spouse determine that divorce is the inevitable conclusion of your marriage, it doesn’t mean the divorce process has to be long and arduous. There are several ways you and your spouse can achieve a quick divorce in Colorado with a family lawyer in Fort Collins. Expediting the divorce process depends on how willing you and your spouse are to communicate and compromise on all terms of the divorce in an uncontested divorce process.
A Colorado divorce proceeds in one of two ways—contested or uncontested. In a contested divorce, spouses disagree on one or more terms of their divorce such as child custody, the division of their marital assets, or spousal support, requiring them to appear in court. During a contested divorce, both parties and their attorneys present their arguments to a judge for the judge to make the decisions on all contested matters and sign them into binding orders. A contested divorce is a longer, more expensive, and more contentious type of divorce.
An uncontested divorce is much easier, and typically far faster than a contested divorce. During an uncontested divorce, both spouses discuss all the necessary terms of their divorce agreement and make decisions to include in a settlement agreement without the need for court. Their uncontested divorce lawyer in Fort Collins assist in the process and present the finalized agreement to a judge without the need for a trial.
Even when divorcing spouses want to avoid a contested divorce and divorce court, they may still have difficulty reaching mutually agreeable conditions for all of the terms of their divorce. In these cases, their Fort Collins divorce lawyers often recommend mediation. In a mediated divorce, a neutral third party with years of professional experience hears the spouses’ disputed terms and offers creative solutions, assisting the divorcing spouses to reach an agreement on all terms of their divorce to present a settlement agreement to the judge. The judge typically signs the agreement into final orders without a trial, unless the terms are egregiously unfair to one spouse or if they suspect a spouse signed the agreement under duress.
When divorcing spouses wish to avoid the expense and contention of a dawn-out divorce process in court, they may choose a collaborative divorce. During a collaborative divorce process, both spouses agree ahead of time to commit to avoiding court by collaborating together with their attorneys and often a mediator to reach an out-of-court agreement. Choosing a collaborative divorce ensures that both spouses retain control over their own divorce rather than turning it over to a judge to decide. Often, a collaborative divorce takes place during a series of meetings until both spouses reach mutually agreeable terms. In some cases, a collaborative divorce begins when the spouses file a divorce petition together as co-petitioners rather than one spouse filing as a petitioner and the other spouse becoming the respondent; however, co-petitioning isn’t necessary for a collaborative divorce.
Even when both spouses want a quick divorce in Colorado and agree to a collaborative or mediated divorce instead of court, the divorce process takes at least 91 days. Colorado’s mandatory waiting period requires divorcing spouses to wait until 91 days after their initial filing date. Due to the mandatory waiting period for divorce in Colorado, even the fastest divorce process takes at least 91 days to complete.