If you and your spouse have decided to part ways but remain amicable and are hoping to keep things drama-free, an uncontested divorce in Colorado might be a good option. In Colorado, an uncontested divorce allows couples to end their marriage without going to trial—as long as they can agree on all key issues like property division, child custody, and support.
Regardless if you and your soon-to-be ex-spouse are amicable, there are still important steps and legal requirements you can’t overlook. In this uncontested divorce guide, we break down five essential things to consider before moving forward with an uncontested divorce in Colorado.
1. You Both Must Agree
For a divorce to be considered “uncontested,” both spouses must be on the same page—not just about wanting to end the marriage, but about how to divide everything. That includes:
- Property and debt
- Spousal maintenance (alimony)
- Parenting plans and decision-making for children
- Child support
Uncontested divorces only work when both people are willing to cooperate and compromise. If either party refuses to agree or fails to follow through on commitments, the process could shift into a contested divorce—meaning more time, money, and stress.
Even if you’re on good terms now, it’s important to formalize all agreements clearly and in writing to avoid misunderstandings down the line.
2. Do You Meet Colorado Residency Requirements?
Colorado has a simple but strict residency requirement: at least one spouse must have lived in the state for 91 days before filing for divorce.
This rule applies regardless of whether the divorce is contested or uncontested. If children are involved, they must have lived in Colorado for at least 182 days (or since birth) for the court to have jurisdiction over custody matters.
If you file before meeting the residency requirement, your case could be delayed or dismissed—so be sure to double-check this before moving forward.
3. Are There Children Involved?
When children are part of the picture, even uncontested divorces become more complex. Parents must work together to create a comprehensive parenting plan that addresses:
- Parental responsibilities (legal custody) – who makes major decisions for the child
- Parenting time (physical custody) – where the child lives and when
- Child support – calculated using Colorado’s statutory guidelines
Judges will review your agreement to ensure it serves the best interests of the child. If something seems unfair or vague, the court can reject it—even if both parents agree.
Pro Tip: don’t forget about future expenses like school fees, sports, braces, or college. These aren’t always covered by standard child support but can be planned for in your parenting agreement.
4. It Still Takes Time to Get Divorced
Although the uncontested divorce process is one of the quickest ways to dissolve a marriage, many people are surprised to learn that there’s still a mandatory waiting period in Colorado.
After you file (or after the other party is served), the court must wait at least 91 days before finalizing the divorce. This waiting period applies even if you’ve agreed on everything and submitted all your documents in a single day.
While that time can be used to finalize agreements, it also gives couples space to reflect and confirm their decision. In some cases, the court may schedule a short hearing to ensure both parties understand and agree to the terms—though this isn’t always required if the paperwork is complete and uncontested.
5. You Should Still Hire an Attorney
Even when everything seems simple, it’s still wise to have an experienced Colorado divorce attorney on your side.
Why? Because:
You’re signing legally binding agreements that affect your finances, family, and future.
An experienced Colorado divorce attorney can help you avoid common mistakes or oversights that could cost you later. If you choose the right attorney they will know how to draft clear, enforceable settlement agreements that hold up in court.
If anything changes or falls apart, your attorney can step in to protect your interests.
Having legal support doesn’t mean things will become adversarial—it just means you’re taking the process seriously and protecting yourself. An attorney can also help guide you through forms, deadlines, and filing requirements so you’re not overwhelmed throughout the process, relieving you of unneeded stress.
Final Thoughts: Keep It Simple, But Do It Right
An uncontested divorce can be a peaceful and efficient way to move forward—but it still requires care, communication, and understanding of Colorado’s legal systems. If you’re ready to start the uncontested divorce process, contact one of our highly qualified Colorado divorce attorneys today. With offices in Denver, Colorado Springs, and Grand Junction, we have the resources to support you, so you can move forward with confidence and peace of mind.