How to File an Uncontested Divorce in Colorado?
Couples in Denver and Colorado Springs who are able to part on respectful terms often choose an uncontested divorce, sometimes called an amicable divorce, to save time, money, and emotional stress. This approach allows both spouses to work together toward a resolution and often makes it possible to complete a divorce without going to court.
Even in an uncontested case, there are still legal steps that must be followed. Understanding the process, the documents required for an uncontested divorce in Colorado, and the cost of an uncontested divorce in Colorado can help you avoid delays and move forward with confidence.
What Is an Uncontested Divorce in Colorado?
An uncontested divorce in Colorado means both spouses agree on all major issues before finalizing the case. This includes:
When everything is agreed upon and properly documented, couples may qualify for a divorce without going to court through what is known as a “decree upon affidavit”.
This process allows a judge to review your paperwork and finalize your divorce without requiring a hearing, as long as all documents required for an uncontested divorce in Colorado are complete and accurate.
Eligibility Requirements for an Uncontested Divorce in Colorado
To move forward with an uncontested divorce or a divorce without going to court, both spouses must meet certain requirements:
- Residency: At least one spouse must have lived in Colorado for at least 91 days before filing.
- Agreement on Dissolution: Both parties must agree the marriage is irretrievably broken.
- Property Division: The couple must have no marital property to divide or must have signed a Separation Agreement that divides property and debts fairly.
- Children: If the couple has minor children, they must have a signed parenting plan that outlines decision-making responsibilities, parenting time, and child support.
- Legal Representation: When children are involved, both parties generally need to be represented by attorneys for the decree to be entered to complete a divorce without going to court.
Meeting these requirements helps ensure your case can move forward smoothly and keeps the cost of an uncontested divorce in Colorado as low as possible.
Documents Required for an Uncontested Divorce in Colorado
One of the most important parts of the process is gathering the correct paperwork. Courts in Denver and Colorado Springs will not finalize your case unless all documents required for an uncontested divorce in Colorado are submitted properly.
Common documents required for an uncontested divorce in Colorado include:
- Petition for Dissolution of Marriage
- Case Information Sheet
- Sworn Financial Statements from both parties
- Separation Agreement outlining property division and financial terms
- Parenting Plan if children are involved
- Child Support Worksheets if applicable
- Affidavit for Decree Without Appearance of Parties
Having all documents required for an uncontested divorce in Colorado completed accurately is essential if you want to avoid delays and qualify for a divorce without going to court. Missing or incomplete documents are one of the most common reasons cases are rejected or delayed.
Step-by-Step Guide to Filing for an Uncontested Divorce in Colorado
Step 1: File the Initial Petition
The process begins when one or both spouses file a Petition for Dissolution of Marriage in the district court of the county where either spouse lives. Couples filing jointly as co-petitioners can skip the service requirement, which increases the likelihood of completing a divorce without going to court. If one spouse files individually, they must serve the other party with the petition and file proof of service with the court.
Step 2: Complete All Required Documents
You will need to gather and complete all documents required for an uncontested divorce in Colorado. This includes financial disclosures and any agreements related to property or parenting.
Accuracy matters here. Even small mistakes can delay your case and increase the overall cost of an uncontested divorce in Colorado.
Step 3: Create and Sign a Separation Agreement
The Separation Agreement is one of the most important documents. It confirms that both parties have agreed on how to divide property, debts, and spousal maintenance.
If children are involved, your custody arrangements must also be finalized and included. The court will review these documents required for an uncontested divorce in Colorado to ensure everything is fair and legally compliant.
Step 4: Submit Your “Decree by Affidavit” and Final Documents
If everything is completed correctly, you may be able to finalize your divorce without going to court. In this case, you submit an Affidavit for Decree Without Appearance of Parties, confirming that you meet the requirements for an uncontested divorce. If both parties have attorneys and the agreements meet all standards, courts in Denver and Colorado Springs may approve the decree based on your paperwork alone.
Cost of an Uncontested Divorce in Colorado
The cost of an uncontested divorce in Colorado is generally lower than a contested divorce, but it still depends on several factors.
Typical costs may include:
- Court filing fees
- Document preparation costs
- Attorney fees if you choose legal guidance
The total cost of an uncontested divorce in Colorado can vary depending on how complex your financial situation is and whether professional assistance is needed.
While it may be tempting to minimize expenses, mistakes in paperwork or agreements can lead to delays or costly issues later. Working with an experienced divorce attorney in Denver or Colorado Springs can help control the long term cost of an uncontested divorce in Colorado.
How Long Does an Uncontested Divorce Take?
Even when pursuing a divorce without going to court, Colorado law requires a mandatory waiting period. The court can not finalize a divorce until at least 91 days after filing or service.
Most uncontested divorces in Colorado are finalized within three to six months. This timeline often depends on how quickly both parties complete the documents required for an uncontested divorce in Colorado and submit them correctly.
Common Mistakes to Avoid in an Uncontested Divorce in Colorado
Even in an amicable situation, mistakes can still happen. Avoiding these issues can help you keep the process smooth and avoid increasing the cost of an uncontested divorce in Colorado.
Common mistakes include:
- Incomplete or Incorrect Paperwork: Not properly completing the documents required for an uncontested divorce in Colorado can cause your case to be rejected.
- Unfair Settlements: Without legal guidance, one spouse may unknowingly agree to terms that are not equitable.
- Hidden Assets or Debts: Financial transparency is essential. Overlooking assets or obligations can result in future legal disputes.
- Ignoring Legal Formalities: Even an amicable divorce Colorado must comply with all procedural and documentation rules.
- Skipping Legal Review: Having an experienced Colorado divorce attorney review your agreements before submission can help prevent long-term financial or custodial problems.
These issues can delay your case or prevent you from qualifying for a divorce without going to court.
Do You Need Help Filing for an Uncontested Divorce?
At Colorado Legal Group, our team of divorce and family law attorneys in both Denver and Colorado Springs navigate every step of the process, from gathering the documents required for an uncontested divorce in Colorado to understanding the true cost of an uncontested divorce in Colorado and ensuring everything is filed correctly. We understand that even the most cooperative divorces can feel overwhelming, which is why we focus on making the process as smooth, efficient, and stress-free as possible to help you complete a divorce without going to court.
If you are considering an uncontested divorce or want help getting started, contact Colorado Legal Group today to schedule a case evaluation.