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Uncontested Divorce

Uncontested Divorce Attorney in Denver

20+ Years of Legal Experience You Can Count On

The word “divorce” often comes with negative connotations attached. For many couples, ending a marriage can lead to costly legal fees and a revolving door of disputes regarding property division, child custody, and more. As surprising as it might seem, not every divorce turns ugly. For some, it’s possible to reach an agreement that both parties agree on relatively quickly. This is where an uncontested divorce attorney in Denver can step in to help.

At Denver Family Lawyers our experienced advocates are committed to helping families in Denver navigate the complexities of divorce in a way that is as efficient, cost-effective, and pain-free as possible. Whether you have already filed for divorce or are preparing to do so, you can count on sound legal counsel from our knowledgeable divorce attorneys.

While it’s understandable that not every couple will be able to reach a peaceful resolution during their divorce proceedings, there are many benefits to choosing an uncontested divorce if you’re able to do so.

To learn more about how we can help you, reach out online or call (303) 225-3343 today to discuss your case with an experienced uncontested divorce lawyer.

What Is Uncontested Divorce?

An uncontested divorce, also known as a “simple” or “amicable” divorce, is often a quick and less costly way to end a marriage. It occurs when both parties are able to come to an agreement on all issues related to the end of their marriage. Rather than having to go to court and collaborate with a judge to establish major decisions (such as asset distribution or alimony), couples seeking an uncontested divorce already agree on all divorce-related issues, meaning there is no need for them to go to trial to reach a settlement.

As you can imagine, reaching a complete and total agreement with a soon-to-be ex-spouse can be challenging. It’s important for couples to understand the gravity of the issues that must be agreed upon to pursue an uncontested divorce, such as:

  • Child custody (such as parenting time and visitation schedule)
  • The division of marital debt
  • The division of property and marital assets
  • Child support payments
  • Alimony payments (spousal support)

What Are the Benefits of an Uncontested Divorce?

There are various benefits to pursuing an uncontested divorce in lieu of a traditional divorce. While it can be tricky to navigate the requirements of an uncontested divorce in Colorado, it’s often the best-case scenario for many couples. Consider the following benefits of an uncontested divorce:

  • Less time-consuming. An uncontested divorce is often much quicker than a traditional divorce, as divorce-related decisions are made privately outside of court—meaning you’ll spend less time in the courtroom.
  • More cost-effective. Naturally, less time in the courtroom typically means fewer legal fees.
  • More civilized. While traditional divorces can be perfectly civil, an uncontested divorce often entails a simpler and more amicable process. This isn't to say that every uncontested divorce will be smooth sailing throughout; however, a couple who is capable of reaching an agreement without a judge's interference is more likely to end their marriage on respectful terms with minimal drama.
  • More privacy. No one enjoys airing their dirty laundry, especially in a courtroom full of strangers. Navigating an uncontested divorce in the private sphere allows many couples to cut to the chase and be upfront with each other. At the end of the day, reaching a divorce settlement in private can benefit the emotional wellbeing of both spouses and any children they may share, and allow both parties to maintain a sense of dignity throughout the process.
  • More likely to end on amicable terms. If two spouses can achieve resolution and keep conflict levels low throughout a divorce, they’re more likely to end on amicable terms after the final paperwork has been signed. As you can imagine, ending on good terms can have positive results on the health of both spouses and any children they share, in addition to reducing overall stress levels during and after the divorce.

Are There Eligibility Requirements for an Uncontested Divorce?

Each state has its own set of laws and regulations regarding marriage and divorce. Generally, there are two pathways to an uncontested divorce:

  1. Both spouses agree on all divorce-related issues and submit an agreement to the court.
  2. One spouse files for divorce and the second spouse never responds/does not appear in court.

To qualify for an uncontested divorce in the state of Colorado, you and your spouse must meet the following requirements:

  • Both spouses must agree to the divorce. Mutual acknowledgment that the marriage is "irretrievably broken" is the only grounds for any divorce in Colorado.
  • One or both spouses must have lived in the state for at least 90 days.
  • Both spouses must agree to all divorce-related terms. This requires you and your partner to agree on all factors (such as how marital property will be divided between the two of you).
  • If you share children, both spouses must also agree to formalized custody terms. This also applies if one spouse is pregnant.

 

Common Mistakes Separating Couples Make During Uncontested Divorces

Even in uncontested divorces, couples can make significant mistakes that can complicate the process or lead to long-term consequences. Here are some common pitfalls to avoid:

  • Failing to Fully Disclose Financial Information: One of the most critical steps in an uncontested divorce is ensuring both parties fully disclose their financial assets and liabilities. Many couples underestimate the importance of transparency, which can lead to disputes down the line if undisclosed debts or assets surface after the divorce is final.
  • Not Having a Written Agreement: While verbal agreements may seem sufficient, they can lead to misunderstandings. It’s essential for couples to draft a formal written agreement detailing all terms of their divorce, including property division, child custody arrangements, and any alimony payments.
  • Neglecting to Consider Future Financial Implications: Couples often focus solely on immediate resolutions without considering the long-term financial impact of their decisions. It's vital to evaluate the consequences of division assets, especially regarding retirement accounts and debt obligations.
  • Underestimating Child Custody Dynamics: Even in amicable separations, neglecting to adequately address child custody can create issues later on. Couples should put effort into crafting a comprehensive parenting plan that considers everyday realities, such as visitation schedules and decision-making responsibilities.
  • Skipping Legal Counsel: Many couples mistakenly believe they can handle the process without professional guidance. Consulting with an uncontested divorce attorney can help navigate any complexities and ensure that documents are completed accurately, providing peace of mind for both parties.

By avoiding these common mistakes, separating couples can streamline their uncontested divorce process, ensuring a smoother transition into their new lives.

Do I Need an Attorney for an Uncontested Divorce?

From a legal standpoint, no person is required to hire an attorney for any divorce—uncontested or otherwise. While it’s your right to forgo legal representation, hiring the right family law attorney during any familial dispute is never a bad idea.

The majority of the time, the pros of securing reliable legal counsel far outweigh the cons. Family law is an intricate and complex area of our legal system, and it’s helpful to have the support of a seasoned attorney who knows their stuff. A dependable divorce lawyer can translate legal jargon into layman's terms when needed and function as your go-to resource for questions and concerns, which tend to arise in abundance during any divorce process.

While there are many benefits to settling divorce-related issues with your spouse outside of the courtroom, keep in mind that there are certain risks involved in any DIY divorce. One key reason to hire a divorce attorney to represent you in an uncontested divorce is their ability to review legal documents.

Before you sign on the dotted line, it may be worth your while to have a licensed legal professional review the terms of the agreement with a practiced eye, as they can help ensure that you aren’t inadvertently giving up any of your legal rights and confirm that nothing was overlooked.

Contact Our Uncontested Divorce Lawyer Today

Our firm is proud to serve families in Denver and the surrounding areas. We take pride in executing personalized legal strategies for each client to best suit their unique needs. When you partner with Denver Family Lawyers, you gain the support of devoted legal advocates who will do everything in their power to obtain the results you desire.

Our compassionate team understands that every family is unique. We take time to thoroughly prepare for each case in order to best serve our clients on an individual basis. You deserve legal representation tailored to your personal goals, which is why you can count on our tireless advocacy and counsel from start to finish.

Preparing for an uncontested divorce in the Denver area? Make sure you have the right team in your corner. Call our firm at (303) 225-3343 or contact us online to schedule a consultation.

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