It is unusual for couples considering a divorce to agree on all facets of the divorce. In order to get an uncontested divorce, divorcing spouses must be able to agree on all property division, alimony, child support, and child custody issues. An uncontested divorce is generally less expensive and less time-consuming. It is a simpler procedure. At Plog & Stein, our Denver uncontested divorce lawyers can help you decide whether an uncontested divorce is right for you.Seeking an Uncontested Divorce in Colorado
If you are able to work together with your spouse to agree on dividing marital assets and debts, you may be able to file for an uncontested divorce. Even if you are in general agreement, it may be helpful for each of you to work with an attorney to make sure that all your bases are covered.
In situations in which the parties both have attorneys, or in which they do not but there are no children, a decree of dissolution may be entered without the parties even showing up to court. This is accomplished via the filing of an “affidavit for entry of decree without appearance of the parties.” Of course, other mandatory paperwork in addition to the affidavit will also need to be filed. The affidavit will state various items of information for the court, which can include a statement that one spouse has lived in Colorado at least 91 days prior to the case beginning, that at least 91 days have passed since filing or service, you both agree that your marriage is irretrievably broken, you have no property to be divided or have signed a separation agreement (ideally with the help of an uncontested divorce attorney in the Denver area) describing the agreed-upon property division, that if there are children all custody related issues are resolved, and that all issues of spousal support have been resolved.
It is often more straightforward to enter into an uncontested divorce if you have not lived together with your spouse for many years, and you have no children. However, with the assistance of an experienced attorney, even people who have been married for a long time with children may be able to work out a separation agreement and file for an uncontested divorce. The separation agreement will need to address custody, visitation, child support, property division, and alimony. Of course the court still have to approve certain provisions, particularly related to support and custody, and will also at least assess the property division to make sure it is more or less fair.
Uncontested divorce can occur if you file the case on your own or if you file as co-petitioners. Additionally, some cases may start as contested, but may end as uncontested, once the issues are worked out and settlement has been reduced to writing. In instances in which there are children, but one or both parties does not have an attorney, the parties will be required to come in for an “uncontested permanent orders hearing.” At that hearing, the court will go through the jurisdictional requirements and will ask a few general questions to make sure everyone is still okay with the agreement. When at least one party has an attorney, it’s very rare for the court to raise an issue, undo an agreement, or delay entry of decree. Most divorce cases ultimately settle without going to a final hearing. Some start out as “uncontested” from the very beginning. Whether proceeding amicably or not, it’s always best to consult with an attorney not only about the substantive aspects of a divorce, but also the procedural requirements to get it done.Retain an Uncontested Divorce Lawyer in Denver
At least 91 days must pass from the filing of the case before a judge will sign the decree of dissolution in an uncontested divorce case. If you entered into a separation agreement, the court will attach incorporate it into the divorce decree, thereby making the provisions “orders” of the court. At Plog & Stein, our Denver uncontested divorce attorneys understand how a court will examine a separation agreement, and we can make sure that your agreement is likely to pass muster. Our retainer rates are competitive. Contact Plog & Stein at (303) 781-0322 or via our online form for an appointment with a divorce or child custody attorney. We also represent people in Aurora, Centennial, Highlands Ranch, and Castle Rock, as well as other areas of Denver, Douglas, and Arapahoe Counties.