If you and your spouse have decided that your marriage is over, you might be just exploring your options when it comes to legal separation or divorce. For some couples, it may be possible to pursue an uncontested divorce. This may be possible, but only if you can both come to an agreement on all issues to be decided in the divorce, such as property division, child custody, child support, and spousal maintenance.

Uncontested divorces are generally much simpler, faster, and less expensive compared to contested divorces. Effectively, you and your spouse will negotiate and sign a marital settlement agreement, and file it along with the appropriate paperwork in your local county court. A judge will review the settlement agreement and can issue a divorce decree once the mandatory 91-day waiting period has passed.

At Ascent Legal Group, we help clients with a range of Colorado family law matters, including both contested and uncontested divorces. Our Colorado Springs divorce lawyers and LLPs can help you work out an agreement that complies with Colorado law and protects your interests. Contact our law firm today to schedule a free 30-minute consultation with a Colorado family law attorney.

Step-by-Step Process of Getting an Uncontested Divorce in Colorado

In Colorado, there are two main types of divorce: contested and uncontested. The difference between them is simple. You can get an uncontested divorce if you and your spouse can agree on all the major issues in your case. Otherwise, you will need to pursue a contested divorce.

While every marriage is different, typical issues that arise in a divorce case include:

• Property division
• Spousal support (alimony)
• Child custody
• Child support

If you and your spouse can agree on any of the issues that apply in your case, you can seek an uncontested divorce. This is often more possible in marriages with relatively simple assets, no need for spousal support, and where the couple either doesn’t share children or is able to co-parent well together. For more complicated cases, including those with more diverse assets and debts, an uncontested divorce may be more challenging.

1) Fill Out a Petition For Divorce

Once you have made the decision about whether you can get an uncontested divorce, you can start the process of filing for divorce. To do so, you will first need to fill out a Petition for Divorce or Legal Separation (Form JDF 1011) and a Case Information Sheet (Form JDF 1000). You will need to include the following information in these documents:

• Court information: Name of the county where you reside, and the address and telephone number of the district court in your county
• Parties: Your name and your spouse’s name as co-petitioners
• Filed by: Here, you will either list your own contact information or the information for your attorney, if you have one.
• Division: When you initially file this document, the court clerk will stamp the information for the case number and division on the form. You will then use that information for all filings.
• Marital information: Here, you will fill out information about the parties, your marriage, your children (if any), residency status, other court cases (including restraining orders), and relief requested.
• Signature: Sign and date the petition

Once you have completed these forms, you can either file them online or in person at your local district court. You will also need to pay a filing fee or request a fee waiver if you cannot afford the fee.

If you file jointly as co-petitioners, formal service of process is not required. If only one spouse files, the other spouse must still be properly served or waive service, even if the divorce is uncontested. Additionally, if you file jointly, your spouse will not need to file a response to the petition.

2) Complete a Sworn Financial Statement With Disclosures

Once your divorce petition has been filed, an initial status conference will be set. Within 42 days of filing the petition (and before the initial status conference), both parties must complete a Sworn Financial Statement (Form JDF111 and JDF1111SS).  This statement and the accompanying disclosures are required in all cases, including uncontested divorces.

You will also have to provide mandatory financial disclosures to your spouse (not the court). Form JDF 1125 lists the documents that you are required to disclose to your spouse, including pay stubs, tax returns, insurance documents, bank account statements, copies of real estate documents, and other documents. Finally, you will have to complete a Certificate of Compliance (Form JDF 1104), which tells the court that you have provided your spouse with the required documents.

3) Attend The Initial Status Conference

Next, you will attend the initial status conference. This is a short meeting where the court will establish deadlines for your case. The date for this conference can be found on a document that you receive when you file the initial petition for dissolution.

4) Complete & File The Necessary Agreement Forms

For uncontested divorces, you will need to complete the appropriate agreements. Depending on your situation, this may include the following:

• Separation Agreement (Form JDF 1115): This agreement addresses the division of assets and debts and spousal maintenance (alimony). This is where you will divide your assets and debts between yourselves. This form can be helpful because it suggests provisions for things like life insurance and how long a spouse has to refinance an asset in their own name. 
• Parenting Plan (Form JDF 1113): This is a fill-in-the-blank form that addresses your parenting schedule, decision-making responsibility, and child support. Keep in mind that if you share minor children, you must calculate child support pursuant to Colorado law.

You should also complete a Support Order (Form JDF 1117) if either spouse will owe maintenance or child support to the other. Finally, you will submit a proposed Decree of Dissolution (Form JDF 1116) for the court to sign.

If you and your spouse have no children, you can file an Affidavit for Decree without Appearance of Parties (Form JDF 1201) along with your other documentation. Unless the both parties are represented by attorneys, if there are children, then the court will set the matter for a hearing.

5) Receive Your Decree of Dissolution

Once all of the paperwork has been filed, the court will issue a Decree of Dissolution. This will either be mailed to you or will be issued after a short hearing. Keep in mind that if the separation agreement is one-sided or if the parties did not complete the child support calculations or any other required paperwork, the court may not accept the agreement. That may put you back at square one when it comes to your divorce.

Even if you complete all of the necessary paperwork quickly, there is still a 91-day waiting period to get divorced in Colorado. A court will not issue a divorce decree any sooner than 91 days after the initial petition has been filed. 

It is possible to get an uncontested divorce on your own, but the process can be confusing. If you are unsure of what you are doing or simply want to make sure that you get it right, our Colorado Springs divorce lawyers can help. We will walk you through the process and help you get the best possible outcome for your divorce.

Do I Need a Lawyer for an Uncontested Divorce in Colorado?

If you and your spouse can agree on things like property division and a parenting plan, a DIY divorce is possible. However, there are advantages to working with an attorney – even for an uncontested divorce.

Avoid Filing Mistakes

Colorado family law is complicated. There are specific rules that govern what counts as marital property, what assets are considered separate property, when spousal maintenance is appropriate, how child support is calculated, and more. If you submit an agreement that does not comply with the law, then you run the risk of not only harming your own interests but also having the judge reject the agreement.

Enjoy Smoother Negotiations

Hiring a Colorado Springs divorce attorney does not mean that your case will go to trial or even that it will get messy. It is often a great way to ensure a smooth divorce. Lawyers can often help to negotiate agreements that are both fair and compliant with Colorado law. 

Having legal representation can also make it possible to get an uncontested divorce even in cases where you have more substantial or unusual assets or where you share minor children. Your attorneys can explain what property division would likely look like if the court made the determination for you, which can help you and your spouse reach an agreement. They can also explain different parenting schedules and calculate child support for you based on Colorado law.

Save Time & Stress

Your attorney can also handle all of the paperwork for you, from the divorce petition to the settlement agreement to the final dissolution decree. They can advise you of your rights, including on more complex issues such as how a particular property division or child custody arrangement might affect your taxes. This can help to ensure that you are making informed decisions about your divorce.

While you don’t need a lawyer to get an uncontested divorce in Colorado, there are advantages to doing so. Primarily, when you have legal representation, you know that your divorce will be done correctly and that your rights will be protected.

Save Money Working With a LLP For An Uncontested Divorce

At Ascent Legal Group, we offer advice and guidance to couples going through contested and uncontested divorces. We also have an experienced Colorado Licensed Legal Paraprofessional (LLP) on staff. Our LLP offers a cost-effective alternative to hiring an attorney for uncontested divorces. 

Under Colorado law, Licensed Legal Paraprofessionals (LLPs) are authorized to provide advice and representation in certain family law matters, including many uncontested divorces. This includes uncontested divorces. If you choose to work with our law firm, you can work with a LLP at a lower hourly rate. Should your case become more complex, one of our seasoned attorneys can step in to take over your matter and help you resolve your divorce favorably.

If you are considering divorce, reach out to our law offices for a free consultation. We can explore your legal options together and find the right solution for a stress-free and smooth divorce.

Skilled Legal Representation for Uncontested Colorado Divorces

An uncontested divorce is often a far less expensive and stressful option for couples. If you qualify, then you could be divorced in as little as 91 days. Our law firm can help you with the required paperwork and in negotiating a fair settlement agreement and parenting plan.

Ascent Legal Group represents clients in the greater Colorado Springs area across a range of family law matters, including both contested and uncontested divorces. We offer strategic advice that can protect your legal and financial interests,  with the option of working with either an attorney or a LLP.  To learn more or to schedule a free consultation with a member of our legal team, give us a call at 719-256-0067 or fill out our online contact form.