What’s the Difference Between a Contested and Uncontested Divorce in Colorado?
Contested vs. Uncontested Divorce: Choosing Your Path
While the popular image of divorce involves high-conflict courtroom battles, the reality is that many Colorado couples resolve their separation without ever stepping foot inside a courtroom. Understanding the distinction between these two paths is the first step in managing your transition.
1. What is an Uncontested Divorce?
An uncontested divorce occurs when both spouses reach a full agreement on every aspect of their separation—including property division, debt allocation, and child custody—without requiring a judge to intervene.
In Colorado, this allows the parties to file an “Affidavit for Decree Without Appearance of Parties.” If approved, the court can issue your final decree via mail or electronic filing, bypassing the need for a formal hearing.
Eligibility Requirements for an Uncontested Decree
To qualify for a decree without a court appearance, the following conditions must be met:
- Residency: At least one spouse must have resided in Colorado for more than 90 days.
- Irretrievable Breakdown: Both parties agree the marriage cannot be saved.
- Property & Debt: You have signed a Separation Agreement detailing the division of all assets and liabilities.
- Children: If there are minor children (or a pending pregnancy), you must have a signed Parenting Plan addressing custody, visitation, and child support.
2. What is a Contested Divorce?
A contested divorce occurs when spouses are unable to agree on one or more terms of their separation. In these cases, the decision-making power shifts from the parents or spouses to a Judge.
The court will hold a hearing and issue legally binding orders on all unresolved issues, including:
- Parental Responsibilities: Determining custody and visitation schedules.
- Financial Support: Calculating child support and spousal maintenance (alimony).
- Asset Distribution: Deciding the equitable division of marital property.
Weighing the Pros and Cons
| Feature | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Speed | Often finalized shortly after the 91-day waiting period. | Can take 6–18 months depending on the court docket. |
| Cost | Minimal legal fees; primarily focused on document review. | Higher costs due to discovery, motions, and trial prep. |
| Control | High: You and your spouse decide the terms. | Low: A stranger (the Judge) makes the final decisions. |
| The Trade-off | You waive your “day in court” and right to argue. | You have a formal platform to present evidence and testimony. |
The “Agreement” Necessity
Even in an amicable split, it is vital to have a family law professional review your documents. An uncontested divorce is a permanent legal contract. Overlooking details regarding retirement accounts, tax exemptions, or specific parenting transitions can lead to expensive legal issues years down the road.
The Bottom Line: If cooperation is possible, an uncontested divorce offers a dignified, private, and cost-effective exit. If conflict is unavoidable, a contested approach ensures your rights and your children’s best interests are advocated for in front of the bench.
Helland & Hurwitz is here to partner with you for a successful future. Schedule a consultation with our lawyers today by calling us at (719) 626-4661.