What are the Different Types of Divorce and Which One is Right for You?

Understanding Your Options: 4 Paths to Divorce in Colorado

How you choose to dissolve your marriage often has a greater impact on your long-term well-being and finances than the laws themselves. Because Colorado is a No-Fault State, you are not required to prove “grounds” like adultery or abandonment. Instead, you simply affirm that the marriage is “irretrievably broken.”

Once you decide to move forward, you must choose the process that best fits your family’s dynamic.

1. The Uncontested Divorce (The “Affidavit” Path)

This is the most streamlined option. It occurs when both parties agree on 100% of the terms before filing, including property division, child support, and maintenance.

• The Process: You submit a signed Separation Agreement and Parenting Plan to the court.
• The Benefit: It is the least expensive and fastest route, often bypassing the need for a court appearance entirely.
• The Reality: While ideal, it is rare for two people to agree on every single detail without some professional guidance.

2. Mediated Divorce (Neutral Facilitation)

In mediation, a neutral third-party professional helps you and your spouse negotiate a settlement.

• The Process: The mediator does not represent either side and cannot give legal advice. They facilitate conversation to help you reach a “Memorandum of Understanding.”
• The Benefit: It keeps you in control of the outcome rather than a judge.
• Note: Agreements reached in mediation are only binding once they are formally drafted into a court order and signed by a judge.

3. Collaborative Divorce (Team-Based Negotiation)

This is a “middle ground” for those who want to stay out of court but want their own legal advocate by their side.

• The Process: Each spouse hires an attorney specially trained in collaborative law. All parties sign a contract committing to settle outside of court. If the process fails and you head to trial, both attorneys must withdraw, and you must start over with new counsel.
• The Benefit: It provides personal legal protection while maintaining a respectful, settlement-focused environment.

4. Contested Divorce (Litigated)

A divorce is technically “contested” if there is a disagreement on even one issue. Whether you disagree on the value of a business or the specific wording of a holiday schedule, the case moves into the contested track.

• The Process: This involves formal “discovery” (exchanging documents), motions, and potentially a final hearing where a judge makes the decisions for you.
• The Benefit: It is necessary when there is a significant power imbalance, a lack of financial transparency, or safety concerns that make “amicable” negotiation impossible.

Comparison of Divorce Tracks

The Bottom Line

Choosing the right process is about balancing your need for legal protection with your desire for a peaceful transition. Even a “contested” case can often be settled through skilled negotiation before it ever reaches a courtroom.

Schedule a consultation with our Colorado Springs lawyers today by calling us at (719) 626-4661.