Every divorce case is unique. Your divorce will not look like anyone else’s. You may be able to predict what to expect from your divorce, however, if you understand your divorce type. In general, your divorce in Colorado will either be contested or uncontested. If you believe you have an uncontested divorce, take some steps to prepare yourself and your family for the process ahead. One of these steps may be hiring a lawyer, depending on the situation.
Contested vs. uncontested is an important distinction that could affect what the rest of your divorce case looks like. An uncontested divorce is typically the simplest kind, while a contested divorce can be complicated and lead to a legal battle at court. An uncontested divorce means you and your ex-spouse either agree to the terms of the divorce right away or can work together to eventually agree.
Uncontested divorces are most common among couples who are open minded and able to compromise with one another. If you and your former spouse have animosity toward each other, are prone to fights or are unwilling to compromise, an uncontested divorce might not be possible. Many couples can achieve uncontested divorces by working with lawyers and mediators.
An uncontested divorce means you and your spouse will ultimately be able to reach a divorce settlement agreement – a legal contract outlining the terms of your split. If you can achieve a settlement agreement, you and your ex-spouse will not have to take your divorce case to trial in Colorado. Instead of bringing the matter to a judge and having him or her rule on the final terms of your divorce, you will remain in control.
A settlement agreement during an uncontested divorce should include detailed descriptions of how you and your former spouse wish to settle asset division, child custody, child support and/or alimony. If you have children, your settlement must include a parenting plan that breaks down physical and legal child custody, as well as issues such as holidays and vacations. A divorce lawyer in Colorado can help you prepare a fair settlement agreement.
The divorce judgment packet is the final bit of paperwork you will receive during your uncontested or default divorce case. It finalizes your divorce and sets the terms you and your ex-spouse agreed upon into motion. It will contain official forms and declarations finalizing all the issues related to your divorce case. If you and your former spouse drafted your own judgment of divorce, a lawyer can review it for accuracy before submitting it to a judge for approval. It will be difficult to rectify a judgment once the judge finalizes the order.
You and your ex-spouse may be able to handle an uncontested divorce case on your own, working out the details of property distribution, custody and other matters between yourselves. Many couples, however, benefit from the professional advice of an unbiased third party. Hiring a Colorado divorce attorney could facilitate conversations and compromises between you and your ex-spouse, improving the odds of a successful uncontested divorce that does not have to go to court.
If you have not yet begun the divorce process but wish for a simple uncontested divorce, a lawyer may be able to help you work together with your spouse to avoid conflicts. Working out the terms of the divorce together, with assistance from a divorce attorney, could save you time and money by enabling you to avoid trial. Your lawyer can help you work through complicated matters, such as high-value assets or child custody, while protecting your rights. Use a lawyer for your uncontested divorce case for the best possible outcome.