What Is the Difference Between a Contested and Uncontested Divorce in Colorado?

If you live in Colorado and are thinking about getting divorced, there are two types of divorce for you to heavily consider. While a multitude of logistics are involved, the process can actually be simple if everyone is on the same page. On the contrary, getting divorced can be a more lengthy process if conflict arises. Your options for a divorce are discussed below, with the pros and cons for both.

How Does A Contested Divorce Happen?

Having a difficult time agreeing to certain stipulations during a divorce would classify it as a contested divorce. Disagreements over child custody, division of the assets, or distribution of debt can all lead to a more lengthy and complex case.

When a divorce is contested in Colorado, a hearing takes place to resolve the issues that are left in question. Both sides can present a case and the court will make the final decision for each situation. Although this type of divorce is long, difficult, and very expensive, some might see it as advantageous. If you’re not willing to compromise on certain issues and have a strong case, it might be worth it to bring the decision to the court.

What Does Uncontested Mean?

The opposite of a contested divorce, an uncontested divorce means that both parties are in agreement to the terms set forth and can proceed with a quick and simple divorce. Typically a judge won’t try to bring about change in an uncontested divorce since both sides have the same desires in mind.

In order to be eligible to file for an uncontested divorce in Colorado, you must both agree that the marriage is beyond repair and have lived in the state for 91 days or more. Additionally, you don’t have any property to divide, and if you have children, you already have a plan in place for custody. Assuming all is in order, the divorce can move forward.

Many people favor an uncontested divorce because, when both people can agree, it happens very quickly and is far less expensive than other alternatives. The tough part is that sometimes decisions can be made too hastily in an effort to just get through the divorce that one person ends up with their needs not fully expressed or met.

If you’re a Colorado resident and are considering divorce, you should explore your options. Contact Hulbert & Associates today to learn whether a contested or uncontested divorce is right for you. We are here to answer all of your questions and guide you through the process.

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Written by Lori Hulbert

Together the attorneys of the firm have nearly 30 years of experience in the fields of estate planning, estate and trust administration, estate and trust litigation, guardianships and conservatorships and civil litigation.