An uncontested divorce occurs when there are no issues between the parties, and they can come to an agreement relatively easily. Typically, these marriages have lasted a shorter period of time and the couple does not share children or many assets. As a result, the parties only need to prepare a separation agreement. Additionally, these cases tend to involve spouses who communicate well and actually get along. Even though these cases seem to be more straight forward, it is still important to have a Colorado Springs uncontested divorce attorney on your side.
In an uncontested divorce, the parties still must file a petition, a case information sheet, and a summons. However, in these situations, there is typically a petitioner and a co-petitioner. Because both parties sign the petition together, there is no need to have a respondent. Therefore, neither party is being served, allowing the process to begin immediately. The two parties can officially be divorced in the state of Colorado after 91 days.
To show the court that the divorce is uncontested, the parties would file a decree of dissolution of marriage. Additionally, a separation agreement and a parenting plan (if applicable) must be signed by both. After this, the court would have a hearing to review those documents to make sure that they are fair and equitable in regards to the division of property, and that the parenting plan is in the best interests of the children. Mediation and arbitration is generally not necessary in an uncontested divorce. One of our dedicated lawyers in Colorado Springs could help you through the legal process during an uncontested divorce.
The most significant way a case being uncontested can affect the divorce process is in regards to time as these situations tend to come to an end faster. This is because the parties generally can forego having a temporary orders hearing and move straight to a final orders hearing. Here, the court would review the parenting plan (if applicable) and separation agreement submitted by the parties.
Another distinction between this type of divorce and one that involves more conflict is the level of emotion. Emotions are much higher in contested cases versus uncontested one. Because uncontested divorces typically allow for more agreement between the divorcing spouse, there is less fighting to get what they want.
Additionally, uncontested cases can be much cheaper than divorces with more conflict. In a contested divorce case, there typically are multiple hearings and potential experts that cost more money. When a case continues over a longer period of time, is can become more expensive. When retaining an attorney in the area for an uncontested divorce case, it is important to find one who understands these differences.
So, the way that a Colorado Springs divorce attorney can help their clients out is by helping move the process along. A skilled lawyer also knows the right paperwork to file. And how to fill everything out so that it’s not being rejected by the courts. And then they can also help with any questions that may arise during the case. And help their client prepare for an uncontested divorce hearing if there are children. So, ultimately, they can help just from ease of mind and the skillset in regards to documentation and such.