Arriving at the decision to divorce is a difficult journey for spouses. Once divorce is inevitable, some spouses seek the least contentious path forward through an uncontested divorce. The best-case scenario for divorcing spouses is to move forward after the finalization of their divorce without overly adversarial feelings. An uncontested divorce helps spouses to either go their separate ways and put the experience behind them or—if they share children—it supports the ability to communicate effectively when making decisions for their children. An uncontested divorce isn’t distress-free for divorcing spouses, but it minimizes contention as well as time and expense.
Divorce in Colorado is divided into two categories, an uncontested divorce or a contested divorce. In an uncontested divorce, both spouses settle the terms of their divorce in an out-of-court agreement that addresses all the aspects of Colorado divorce, including the division of marital assets, child custody, child support, and spousal maintenance when appropriate. In an uncontested divorce, the judge reviews the agreement and typically signs off on it, as long as they don’t find it egregiously unfair to one spouse or it doesn’t serve the best interests of the children.
In a contested divorce, the spouses are unable to reach an agreement on one or more aspects of their divorce and take the matter to court for a judge to decide and issue binding orders. Contested divorces take longer and ultimately cost far more due to extended legal fees and court costs.
The best way to move forward with an uncontested divorce in Denver is to hire an attorney and express your desire to resolve matters with your spouse without going to court. Your attorney and your spouse’s attorney will agree to a series of meetings to address all the terms of the divorce through negotiations for mutually acceptable agreements. The attorneys may arrange for a professional mediator to help guide you toward agreements on any disputed terms by offering experienced, creative solutions.
Once you and your spouse agree to all terms, the attorneys collaborate on drawing up the divorce decree and presenting it to the judge. There is no need for a divorce trial in an uncontested Colorado divorce.
Colorado courts make all decisions in a child’s best interests during a divorce. The courts have a rebuttable presumption that continued close contact with both parents is what is in a child’s best interest. In an uncontested divorce involving children, the parents must agree on child custody (parenting time). Colorado has several recommended schedules for shared parenting time. Parents must also agree on legal custody for decision-making for important medical and educational decisions for their children. Once both parents have a parenting time schedule that works for their unique circumstances, it’s added to the settlement agreement.
Colorado law requires divorcing spouses to divide their marital property in a way that’s fair and equitable if not exactly 50/50. Each spouse retains separate assets that belonged to them before the marriage, or that they inherited during the marriage, but must separate marital assets fairly, including:
A skilled divorce attorney represents their client’s best interests while negotiating the division of marital assets during an uncontested Colorado divorce.
Child support calculations in Colorado follow the Income Shares Model using the combined incomes of both parents, the number of children, the number of overnight custody days each parent is allotted in the custody schedule, and any special needs a child has for medical care or education. An attorney guides spouses through determining child support in an uncontested divorce agreement.
Spousal support (alimony or spousal maintenance) is not an obligation, but instead, the courts consider the unique circumstances of each case. Spousal support may be appropriate when one spouse earns substantially more than the other and the divorce leaves one spouse at a financial disadvantage. Spousal support is often awarded when one spouse leaves the workforce or postpones their career goals to raise the children and care for the home or to support the other spouse’s educational and career goals.
A do-it-yourself divorce is never the best solution, even in an uncontested divorce. The law requires meticulous paperwork and strict adherence to state laws and legal timelines. An experienced divorce lawyer guides you through the process, diligently handles all paperwork and legal filings, arranges negotiation meetings and mediation, and drafts a settlement agreement to submit to a judge.
Call the experienced Denver divorce lawyers at Ciancio Ciancio Brown, P.C. for the smoothest path forward in an uncontested divorce in Denver.
