How to File an Uncontested Divorce in Colorado?
Couples who are able to part on respectful terms often choose an uncontested divorce or an “amicable divorce” in Colorado to save time, money, and emotional energy. This approach allows both parties to work together toward a fair outcome without unnecessary conflict or court appearances. However, even an uncontested divorce must follow all legal requirements before the court will grant a final decree.
Understanding how to file for an uncontested or amicable divorce in Colorado helps you protect your rights, avoid delays, and move forward smoothly.
What Is an Amicable Divorce in Colorado?
An amicable divorce in Colorado is commonly known as an uncontested divorce or a “decree upon affidavit.” This process allows couples who agree on every major issue, such as property division, spousal support (alimony), and child custody, to finalize their divorce without attending a hearing.
If both parties meet the state’s eligibility requirements and submit accurate paperwork, a judge may approve the divorce based solely on the documents provided.
Eligibility Requirements for an Uncontested Divorce in Colorado
To qualify for an uncontested or amicable divorce in Colorado, both spouses must meet the following criteria:
- Residency: At least one spouse must have lived in Colorado for a minimum of 91 days before filing.
- Agreement on Dissolution: Both spouses must agree that 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.
- Representation: When children are involved, both parties generally need to be represented by attorneys for the decree to be entered without a hearing.
Meeting these requirements keeps your case on track for a faster and less stressful resolution.
Step-by-Step Guide to Filing for an Uncontested Divorce in Colorado
Step 1: File the Initial Divorce 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 simplifies the process. 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 Required Forms
You will need to prepare and file several documents, which may include financial disclosures, a Separation Agreement, and a Parenting Plan if applicable. These forms must be completed accurately and in full. Any missing or incorrect information can cause delays in finalizing your divorce.
Step 3: Sign a Separation Agreement
A Separation Agreement is one of the most important documents in an amicable divorce in Colorado. It confirms that both parties have agreed on how to divide property, debts, and spousal maintenance.
If children are involved, the agreement must also reference your Parenting Plan, which details custody arrangements and child support. The court reviews these agreements to ensure they are fair and in compliance with Colorado divorce law.
Step 4: File a “Decree by Affidavit”
If all documents are in order, you may be able to finalize your divorce without appearing in 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, the court may approve the decree based on your paperwork alone.
How Long Does an Amicable Divorce Take in Colorado?
Even in an amicable divorce Colorado, there is a mandatory waiting period. The court cannot finalize a divorce until at least 91 days have passed from the date the petition was filed or served.
Most uncontested divorces in Colorado are finalized within three to six months, depending on how quickly both parties complete and file all required documents.
Common Mistakes to Avoid in an Uncontested Divorce in Colorado
While uncontested divorces or amicable divorces in Colorado are typically faster and less stressful, mistakes can still lead to delays or unfair outcomes. Some common issues include:
- Incomplete or Incorrect Paperwork: Missing financial disclosures or errors in the Separation Agreement 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.
Do You Need Help with an Uncontested Divorce in Colorado?
At Colorado Legal Group, our Colorado divorce and family law attorneys help couples navigate the uncontested divorce or amicable divorce process with clarity and confidence. 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.
From preparing your paperwork to finalizing your agreement, our team ensures that every step is handled correctly and that your rights are fully protected. Whether you have questions about dividing assets, finalizing parenting plans, or meeting court requirements, we’re here to help you move forward with peace of mind.
Request a free case evaluation or call us at 720-594-7360 to get started.