How to File a Colorado Uncontested Divorce

Once a couple decides to divorce, they’ve often already endured emotional upheaval, attempts at reconciliation, and final acceptance that divorce is the inevitable end of their marriage journey. For some spouses, anger and resentment lead to multiple disputes over the terms of their Colorado divorce, including a shared parenting time schedule, the fair division of their marital assets, and spousal support. Unresolved disputes lead to a contested divorce battled out in a courtroom. Other spouses choose to avoid the additional expense, time, and contention of a contested divorce and agree to file for an uncontested divorce in Colorado court.

What Is an Uncontested Divorce in Colorado?

In an uncontested divorce, spouses agree to all aspects of their divorce as required by Colorado law without bringing disputes to court for a judge to decide. In the best-case scenario, they simply agree on all terms and craft a settlement agreement with their attorneys, who then bring it to a judge to sign into final orders. More often, spouses disagree on one or more terms but find resolutions outside of court through negotiation meetings between their family law attorneys in Fort Collins and by attending one or more mediation sessions.

What Is Mediation In an Uncontested Divorce?

A mediator is a professional with an in-depth knowledge of Colorado divorce law. They help divorcing spouses negotiate their disputed terms, offering creative solutions to problems with child custody schedules, asset division, and spousal support as well as assisting them in navigating Colorado’s formula for determining child support. Once the spouses arrive at mutually acceptable terms with the help of a mediator, they can sign the terms of a settlement agreement outside of court in an uncontested divorce.

How to File for a Colorado Uncontested Divorce

Spouses are eligible for an uncontested divorce in Colorado as long as at least one spouse has been a Colorado resident for 90 days or more and both spouses agree that the marriage is irretrievably broken under the state’s no-fault divorce laws. Then, the process is as follows:

• One spouse files a Colorado divorce petition as the petitioner and the other spouse becomes the respondent, or both spouses file together as co-petitioners
• If one spouse filed for divorce, the petition is served to the other spouse as the respondent
• Both spouses must sign a separation agreement that addresses all of the terms of a Colorado divorce with the assistance of their attorneys and a mediator
• The spouses file an Affidavit for Decree without Appearance of Parties which states that they meet the requirement for an uncontested divorce in Colorado
• A judge reviews the agreed-upon divorce terms and signs them into final orders in a divorce decree 

If both spouses have experienced Fort Collins divorce lawyers assisting them through the process of filing for an uncontested divorce, a judge almost always signs the agreement. The only time a judge might not sign off on a settlement agreement is if they suspect a spouse signed under duress, the agreement is egregiously unfair to one spouse, or the child custody/child support agreement doesn’t meet the court’s standards of the child’s best interest.

How Can a Colorado Divorce Attorney Help?

An uncontested divorce is a simpler and easier process than a contested divorce with a trial, but it must meet the court’s standards. All court filings must be well-executed with meticulous attention to detail. Contact our Fort Collins uncontested divorce attorney at The Law Office of Stephen Vertucci to ensure a smooth process in your uncontested divorce.