A divorce is uncontested when the spouses are able to agree on the details of how to end their marriage and submit the court paperwork cooperatively, often avoiding court altogether. Although the process is simplest for a couple with no minor children, fairly equal earning power, and few assets, many couples who don’t fit this description can proceed with an uncontested divorce if they are able to agree on all of the following:
- how to divide parenting time and parenting responsibilities
- the amount and duration of child support
- the amount and duration of spousal maintenance (alimony)
- how to divide property, including property such as businesses and pension plans, and
- how to divide responsibility for debts.
Couples who agree on most but not all of these things may still be able to avoid a contested divorce, but they will need to negotiate with each other until they have reached a complete agreement. Couples who communicate well can save time and money by negotiating directly. Other couples may choose to go to a mediator for help in resolving their disagreements, or may even choose to negotiate through attorneys.
Are Attorneys Necessary?
The more complicated the case, the more helpful it will be to have attorney representation. Many couples who go through an uncontested divorce are able to complete the process themselves; however, in all but the simplest cases it is advisable that the parties at least have attorneys review their agreements before the divorce becomes final.
Uncontested Divorce in Colorado
Initiating the Divorce
In order for a couple to begin any kind of divorce case in Colorado, one of the spouses must have lived in the state for at least the last 90 days. If the couple has minor children, the children must have lived in Colorado for at least six months prior to the filing date, or since birth, if they are not yet six months old.
The parties may file a joint petition. If they choose to file separately, then the party filing first must serve the petition on the other spouse. Even if a couple agrees on everything, there is a minimum waiting period of 90 days before the court will finalize the divorce. During this time the court will schedule a brief status conference. (Spouses who have children must also attend a parenting class.) Couples who wish to proceed smoothly through an uncontested divorce should be prepared to bring their paperwork, including any agreements they have prepared, to the status conference.
Financial Disclosures
Colorado law requires divorcing spouses to exchange financial information, including information about assets, income, expenses and debts, and documents such as pay stubs, tax returns, and credit card and bank statements. Even couples whose divorce is uncontested are not exempt from this requirement, and the court will not approve financial agreements before the spouses have exchanged the required information and sworn to its accuracy.
Separation Agreement and Parenting Plan
After they have exchanged financial information, the couple can complete their separation agreement. An attorney can prepare the agreement or the parties can prepare it themselves using forms available from the court. The agreement must address division of assets and debts and the payment of support, if any. In making their agreements, couples should consider that Colorado law requires property to be divided “equitably” –which means fairly rather than strictly equally.
Couples with children must also have a parenting plan. This is a separate document that describes the allocation of decision-making responsibility between the parents, the parenting schedule, and child support provisions. Colorado law requires that parenting responsibilities and time be allocated according to the best interests of the children. Child support must ordinarily follow the Colorado Child Support Guidelines, which take into account the parents’ combined incomes and expenses such as health insurance. Child support worksheets and parenting plan forms are available from the court. Parents who have reached agreement on all parenting matters can submit a joint plan to the court.
Finalizing the divorce
After submitting all of the required documents to the court and waiting the required 90 days, couples who don’t have children can complete their divorce by preparing a decree of dissolution and submitting it to the court by mail for the judge’s signature. Parties who have children and are represented by lawyers can also complete the divorce by mail. Parties with children who are representing themselves must appear at a hearing where a judge will finalize permanent orders.
