If you and your spouse are in general agreement about getting a divorce and dividing up assets and debts, and if you have a general understanding about how your case should be resolved, then you may be able to file an uncontested divorce. For this option, you will need an attorney who is experienced in negotiation and effective drafting of legal documents. In some cases you may be able to handle your divorce without using attorneys.
How to Make Your Uncontested Divorce Work
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What Is An Uncontested Divorce?
An uncontested divorce is a great solution if you and your spouse have been able to come to a (mostly) complete agreement regarding division of property and time-sharing with children. In an uncontested divorce, an attorney is hired to represent one party, and the other party represents themself, 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, the 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 in order 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.
Why We Love Handling Uncontested Cases
Uncontested divorce cases frequently have much lower legal fees so you might be asking yourself why would Colorado Legal Group love doing them? The answer is that they give us an opportunity to make a real difference in our clients’ lives. We can resolve your uncontested divorce case quickly and cost effectively.
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Thinking About Doing it Yourself?
Know This First
Every year, couples throughout Colorado successfully handle their own uncontested divorces. At the same, many couples create even further problems for themselves because of mistakes or oversights they make preparing their own documents or by using online companies who promise a cheap divorce packet. We have compiled the top four considerations if deciding to handle your own divorce rather than hiring an attorney.
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, and 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 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. Court 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 based upon his or her understanding of Colorado law. The mediator has the expertise to come up with creative solutions and resolve issues the parties may not have even anticipated. In a mediation, the attorney usually prepares all paperwork necessary to finalize the divorce.
Need Help with an Uncontested Divorce?
Call Colorado Legal Group at 720.594.7360 or get started with a complimentary case evaluation.
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Frequently Asked Questions
What is an uncontested divorce?
An uncontested divorce is a divorce in which the parties have agreed to resolution of all (or at least most) of their legal issues before filing their divorce petition. This allows for a much more flexible and speedy resolution of the divorce case.
How long do uncontested divorces take?
An uncontested divorce is beneficial for clients largely due to the speed at which a case can start and end. At least 91 days must pass from the filing of a petition and the entry of the decree of dissolution/separation. After the 91 days have passed, at any point thereafter, the parties can settle their case. A short uncontested hearing may be necessary in some cases prior to the decree entering, but this is often set quickly so parties can finish up their case.
How do uncontested divorces work?
Uncontested divorces can be done with or without lawyers. If lawyers are involved, one lawyer usually prepares documents that reflect the agreements of the parties. Some additional negotiation is often done, then the parties sign and file the documents, resulting in a final decree of divorce being issued by the court. The same process is followed in cases without attorneys, except the parties themselves, rather than the attorneys prepare the documents, which are often obtained online or from the courthouse.
How Can We Help?
Phone:
720.594.7360
Email:
info@coloradolegalgroup.com
Address:
1777 S Harrison St. #1050
Denver, CO 80210