Unlocking the Timeline: How Long an Uncontested Divorce Takes in Colorado

Divorce is an emotionally and legally complex process that can take a toll on anyone. However, for couples who have reached a mutual agreement and are seeking a smoother, more cost-effective way to end their marriage, an uncontested divorce may be the solution. In Colorado, this type of divorce is becoming increasingly popular due to its efficiency and simplicity. But how long does an uncontested divorce actually take in Colorado? While the answer may vary depending on individual circumstances, there are some key factors that determine the timeline of an uncontested divorce. In this article, we will delve into the details and provide you with everything you need to know about the duration of an uncontested divorce in Colorado.

Understanding Uncontested Divorce in Colorado

When a couple decides to end their marriage, there are two types of divorce proceedings they can choose from: contested and uncontested. A contested divorce is when the couple cannot agree on one or more issues related to the divorce, such as child custody, property division, or spousal support. On the other hand, an uncontested divorce is when both parties are in agreement on all aspects of the divorce and can proceed with the process amicably.

In Colorado, an uncontested divorce is also known as a simplified dissolution of marriage. It is a faster and more straightforward process compared to a contested divorce. Unlike a contested divorce, where a judge will have to make decisions on behalf of the couple, in an uncontested divorce, the couple decides how they want to divide their assets and debts and come up with an agreement for child support or alimony.

Requirements for an Uncontested Divorce in Colorado

To file for an uncontested divorce in Colorado, there are some requirements that couples must meet. These requirements include:

1. Residency: Either you or your spouse must be a resident of Colorado for at least 90 days before you can file for an uncontested divorce.

2. Grounds for Divorce: In Colorado, there are only two grounds for divorce; irretrievable breakdown of the marriage or one-year separation.

3. Agreement on Division of Property: Both parties must have reached an agreement on how they will divide their marital property and debts.

4. Agreement on Child Custody: If you have children under 18 years of age, you must have agreed on child custody and visitation before filing for an uncontested divorce.

5. Agreement on Child Support: Parents must also come up with an agreement regarding child support that meets the state’s guidelines.

6. Agreement on Spousal Support: If one party will be receiving spousal support, there must be a written agreement on the amount and duration of payments.

The Uncontested Divorce Process in Colorado

In Colorado, the process for an uncontested divorce is relatively simple and can be completed within a few months. The following are the steps involved in an uncontested divorce in Colorado:

1. Filing the Petition: The first step is filing a Petition for Dissolution of Marriage with the court in the county where either you or your spouse resides. The person who files the petition is known as the petitioner, while the other party is referred to as the respondent.

2. Serving the Respondent: After filing, you must serve your spouse with a copy of the petition and other required documents. This can be done through personal service or by certified mail.

3. Waiting Period: In Colorado, there is a 90-day waiting period from when you file until your divorce is finalized.

4. Finalizing the Agreement: During this waiting period, both parties are expected to come up with a comprehensive written agreement on all issues related to their divorce.

5. Final Hearing: Once everything has been settled and agreed upon, both parties attend a final hearing before a judge who reviews their agreement and grants them a decree of dissolution of marriage.

The Timeline of an Uncontested Divorce in Colorado

The time it takes to finalize an uncontested divorce varies depending on several factors such as court availability and how quickly you can reach an agreement with your spouse. The following are some rough estimates of each step involved in an uncontested divorce:

1. Filing to Service: This takes about two weeks if serving by certified mail or immediately if serving personally.

2. Service to Response: This varies but should take about two weeks.

3. Response to Agreement: This depends on how quickly both parties can agree and could take anywhere from a few weeks to a few months.

4. Agreement to Final Hearing: Once an agreement is reached, it takes about four to six weeks to schedule a final hearing, depending on court availability.

5. Final Hearing to Decree: After the final hearing, it takes about three months for the court to sign the decree and finalize the divorce.

Factors that Can Affect the Timeline of an Uncontested Divorce

Although an uncontested divorce in Colorado tends to be quicker than a contested one, there are circumstances that could delay the process. These include:

1. Complex Child Custody Issues: If you have children together and cannot come to an agreement on child custody and visitation, this could extend the timeline of your uncontested divorce.

2. Complex Property Division: If you have complex assets or financial holdings that require more time to divide, this could prolong your uncontested divorce process.

3. Disagreement between Parties: Although you are filing for an uncontested divorce, there may still be some issues that you and your spouse cannot agree upon. This may result in delays as these issues will need to be resolved before moving forward with the divorce.

4. Court Availability: Depending on where you

Understanding the Process of Uncontested Divorce in Colorado

An uncontested divorce is a type of legal proceeding where both parties agree on all major decisions related to their separation, such as division of assets, child custody, and alimony. In Colorado, an uncontested divorce can be finalized without a court hearing, making it a quicker and less expensive way to dissolve a marriage compared to a contested divorce.

The Requirements for Filing an Uncontested Divorce in Colorado

To file for an uncontested divorce in Colorado, one or both spouses must have lived in the state for at least 90 days. The couple must also meet certain requirements such as having no minor children together and agreeing on all issues related to their separation.

If there are minor children involved, the couple must complete a parenting course approved by the court before they can file for divorce. Additionally, if there is any real estate or retirement benefits to be divided, both parties must complete financial disclosures before filing.

The Process of Filing for an Uncontested Divorce in Colorado

The first step in filing for an uncontested divorce is filling out and filing the necessary forms with the court. These include the Petition for Dissolution of Marriage and other documents specific to each county. These forms can be obtained from the county court or through online legal document providers.

Once the forms are filled out and filed with the court, they must be served to the other spouse. This can be done through personal service or by certified mail with return receipt requested. Once served, the other spouse has 21 days to respond.

After receiving proof of service from the serving party, an Affidavit for Decree Without Appearance of Parties can be filed. This document confirms that both parties agree on all issues related to their separation and requests that the court grant an uncontested divorce without a hearing.

The Waiting Period for an Uncontested Divorce in Colorado

In Colorado, there is a mandatory 90-day waiting period from the date of filing until the divorce can be finalized. This waiting period allows for any disputes to be resolved and for both parties to thoroughly consider their decisions. However, it is possible to waive this waiting period if both parties wish to move forward with the divorce sooner.

The Final Hearing for an Uncontested Divorce in Colorado

If the court approves all necessary documents, a final hearing will be scheduled. In some counties, this hearing may be waived if all forms have been properly filed and executed by both parties. However, it is still recommended that both parties attend the final hearing to ensure everything is done correctly.

During the final hearing, the judge will review all documents and ask a series of questions to ensure that both parties understand and agree on all issues related to their separation. Once satisfied, the judge will sign the decree of dissolution of marriage and the divorce will be finalized.

What Happens After an Uncontested Divorce is Granted in Colorado

After an uncontested divorce is granted in Colorado, it becomes final after 91 days. During this time, either party may file a motion to modify or appeal certain decisions made in the decree if they believe there was an error. Once 91 days have passed, neither party can make any changes to the decree unless there are exceptional circumstances.

Why Choose an Uncontested Divorce in Colorado

Aside from being a quicker and less expensive way to get divorced compared to contested divorces, an uncontested divorce also allows couples to maintain control over their own decisions instead of leaving it up to a judge. This can lead to more amicable relationships after the divorce is finalized.

Additionally, uncontested divorces typically do not require as much time and energy from both parties, allowing them to move on with their lives sooner. It also eliminates the need for public court hearings, ensuring privacy for both parties.

The Importance of Hiring an Attorney for an Uncontested Divorce in Colorado

Even though uncontested divorces may seem simpler and more straightforward, it is still important to hire an attorney to ensure that all necessary forms are completed correctly and filed with the court. This can help avoid any potential delays or mistakes that could prolong the divorce process.

An attorney can also provide valuable advice and guidance throughout the process, especially when it comes to complex issues such as property division and child custody. They can also review any decisions made in the decree to ensure they are fair and in your best interest.

An uncontested divorce in Colorado is a viable option for couples who agree on all major issues related to their separation. From understanding the requirements and process of filing, to knowing what happens after the divorce is granted, it is important to have a clear understanding of what an uncontested divorce entails before moving forward. Additionally, hiring an experienced attorney can make the entire process smoother, faster, and more efficient.

1. How long does it typically take to complete an uncontested divorce in Colorado?
Generally, an uncontested divorce in Colorado can be finalized within 90 days from the date the petition is filed. However, the exact duration may vary depending on various factors such as court schedules, responsiveness of the parties involved, and any additional issues that need to be resolved.

2. Can an uncontested divorce be completed faster than 90 days in Colorado?
Yes, it is possible to complete an uncontested divorce in less than 90 days in Colorado if all necessary paperwork is filed correctly and both parties are proactive and responsive during the process. In some cases, a divorce can even be finalized within a few weeks with the help of experienced attorneys.

3. What are the stages involved in an uncontested divorce process in Colorado?
The first step involves filing a petition for dissolution of marriage with the court. Once this is done, both parties must reach an agreement on all issues including child custody, division of assets and debts, and spousal support (if applicable). After that, a final decree of dissolution can be issued by the court.

4. Do we have to attend court hearings for an uncontested divorce in Colorado?
In most cases, no hearings are required for an uncontested divorce in Colorado as both parties have reached a mutually acceptable agreement on all issues beforehand. However, if there are any unresolved issues or concerns regarding child custody or support or division of assets, a hearing may be scheduled by the court.

5. Can we use online services for filing an uncontested divorce in Colorado?
Yes, there are several online services that provide assistance with preparing and filing all necessary paperwork for an uncontested divorce in Colorado. However, it is recommended to consult with a reputable attorney before using any online service as they may not provide personalized legal advice or guidance.

6. What are the benefits of choosing an uncontested divorce over a contested one in Colorado?
An uncontested divorce in Colorado can save time and money compared to a contested divorce, where issues are not resolved amicably and require court intervention. It also allows both parties to maintain control over the outcome of the divorce rather than leaving it in the hands of a judge. Additionally, an uncontested divorce can help reduce stress and emotional turmoil for both parties.

In conclusion, obtaining an uncontested divorce in Colorado can be a relatively quick and straightforward process, as long as both parties are willing to work together and compromise. The timeline for an uncontested divorce can vary, but on average, it takes about 45-60 days from the initial filing to the finalization of the divorce.

However, there are several key factors that can affect the duration of an uncontested divorce in Colorado, such as the specific county’s court procedure and any potential issues or disputes that arise during the process. It is also important to note that a couple must meet certain requirements before filing for an uncontested divorce, such as residing in Colorado for at least 90 days.

To ensure a smooth and efficient process, it is highly recommended for couples seeking an uncontested divorce in Colorado to seek legal guidance from a qualified family law attorney. They can provide valuable insights and assistance with all aspects of the process, from filling out the necessary paperwork to negotiating and finalizing a comprehensive agreement that addresses all relevant issues.

Overall, an uncontested divorce can be a faster and less expensive option compared to a contested one. It also allows couples to dissolve their marriage amicably and move on with their lives without having to go through a lengthy court battle. However, it