An uncontested divorce is a form of divorce where both parties agree to the terms of the divorce, without going to court to litigate any issues.
Mary’s goal in every divorce is to identify fair resolutions to each issue so that the parties can avoid the time, money, and frustration battling these issues in court. This is not always possible, but normally parties can settle at least a handful of issues in order to minimize the amount of litigation involved.
When parties settle all of their issues, the parties’ divorce attorneys (or one party’s attorney) can draft up a separation agreement to present to the court in an uncontested final hearing for the divorce.
While Mary does not advise hiring one attorney to represent both parties and will not represent both parties in a separation agreement, she can represent or advise one party through an amicable process to guide her client to a fair and beneficial result while avoiding litigation by offering fair and respectful solutions to the other party.
Decree Upon Affidavit Divorce
In Colorado, parties of a divorce that come to a full settlement of the issues can submit an Affidavit for Decree without Appearance of the Parties in order to have request that their dissolution of marriage finalized without actually attending a hearing.
To be eligible for uncontested divorce, you need to meet the following requirements:
- You or the spouse have lived in Colorado for at least three months.
- You and the spouse have come to an agreement that your marriage is irretrievably broken.
- You and the spouse have signed a separation agreement that determines property division or have no assets to be divided.
- You and the spouse have no minor kids and are not expecting a child.
- If you have minor kids, you and the spouse have signed a separation agreement with the help of a lawyer accounting for child support, custody and visitation.
If there are disputable issues that need to be resolved during the divorce like child custody, then an uncontested divorce may not be the best solution for you as you will need to ensure that your rights and those of your kids are taken care of. You can rely on Mary’s vast legal experience in deciding which issues to settle on, so that you know that you are making a wise decision regarding each issue in your case.
The hope is that you can find a beneficial agreement on all of the issues involved in your divorce so that you can avoid the stress of litigation.
If Custody Issues Are Agreed Upon
Many parents are able to agree on issues regarding custody, like a parenting plan, holiday schedule, and some decision as to how parental decisions will be made. This is great news as it can hopefully mean great co-parenting for years to come! The statute lays out standard child support calculations which can easily be added to a parenting plan.
Kids and custody are the most important things to be considered in the dissolution of any marriage (that involves children), which means that if you and your spouse already have the beginnings of parenting plan worked out, then you are well on your way to a smooth dissolution.
Professional Legal Advice Is A Good Idea
Even if you and your spouse are looking toward an uncontested divorce, legal assistance and skilled legal advice is a good idea to make sure the process runs smoothly and to ensure that no legal problems arise.
Mary Daugherty has years of experience in divorce law and she can make sure your uncontested divorce proceeds smoothly and without undue stress for you and your spouse.