If you and your spouse agree on dividing property, allocating debts and addressing other matters in your divorce, you may be able to proceed without a contested court case. However, you still need to meet Colorado’s legal requirements and prepare the necessary documents.
At the Law Offices of Shawn H. Smith, our uncontested divorce lawyers help couples in Fort Collins, Greeley and throughout Colorado put their agreements into proper legal form and work toward an uncontested divorce.
What Makes A Divorce Uncontested In Colorado
A Colorado uncontested divorce happens when both spouses reach an agreement on all major issues before filing or soon afterward. This means the court does not need to hold a trial or make decisions for them. In Colorado, that usually covers:
- Dividing marital property
- Determining spousal maintenance, if applicable
- Establishing parenting time and decision-making responsibilities
- Calculating child support
- Allocating marital debts
For an uncontested divorce with children in Colorado, the parenting arrangements matter as much as the finances. If one item is still open, an agreed divorce in Colorado may need a little more work first.
How The Colorado Divorce Process Works
Colorado is a no-fault divorce state, so you only need to show that your relationship cannot be restored. To file a Colorado divorce, either spouse must have lived in Colorado for a minimum of 91 days. However, the court generally needs the child to have lived in Colorado for at least 182 consecutive days before filing or since birth, before it can issue orders on custody and parental responsibilities.
You must submit a signed Separation Agreement covering property and financial matters. If you have minor children, you must also provide a Parenting Plan. After filing, you must wait at least 91 days before the court can grant the divorce. The judge will review your paperwork to ensure the agreements are fair and legally acceptable.
Some cases need a hearing and others do not. Timing depends on your situation and the court’s schedule, so we never promise a finish date.
How A Lawyer Protects Your Interests In An Agreed Divorce
Even when you and your spouse see eye to eye, a lawyer can help you catch inconsistencies before they become problems. We represent only one spouse, so our focus stays on your side of the agreement.
Our work can include:
- Spotting issues that are easy to overlook, such as retirement accounts or health insurance
- Reviewing each term before you sign
- Preparing documents that protect your long-term interests
Our attorneys also keep you informed about case developments, so you always know where things stand.
What Happens If You Disagree On Something
Disagreements sometimes surface late in the process. Negotiation or mediation can often settle them without a trial. This differs from collaborative divorce, a separate process in which each spouse has an attorney and both agree to work out terms outside court.
While an uncontested divorce requires a complete agreement before a decree can be granted, parties do not need all terms resolved prior to filing and may negotiate or settle issues during the mandatory 91-day statutory waiting period.
Why Fort Collins And Greeley Clients Talk With Us
Family law is our focus and attorney Shawn H. Smith brings a litigation background to how we review every agreement. Your case stays with the same attorney from start to finish, and we keep you updated on case developments along the way. We also prepare each divorce case around your family’s situation. That individual attention supports careful agreement review, so you can make informed decisions before you sign.
Get Guidance From A Fort Collins Uncontested Divorce Attorney
Ready to put your agreement on solid legal footing? Call the Law Offices of Shawn H. Smith at 970-387-6858 or through our online contact form for a free consultation. We will get back to you promptly and we are here to help you take the next step with confidence.