An uncontested or no-fault divorce is the way to legally end a marriage if neither spouse has objections to it. The judge will still need to approve the decision, but quite often, the divorce process itself is more simplified in comparison to contested cases. The legal issues that the couple would need to agree upon include:
- Child custody;
- Property division;
- Spousal support.
One of the most significant benefits of an uncontested divorce is that you can go through it without an attorney. Such a move can help save your finances, which you can spend on improving your life after the divorce.
Main Requirements for the Uncontested Divorce in Colorado
In Colorado, uncontested divorce is often referred to as a “decree upon affidavit.” It means that you could avoid attending a court hearing and might get a divorce after submitting an affidavit. It is a unique document that both spouses sign to show their mutual will to end their marriage legally. The spouses should be able to meet the following criteria to be eligible for an uncontested divorce in Colorado:
- At least one of the spouses should have lived in Colorado for a period over 90 days;
- There is no alimony or marital property involved, or the couple had previously signed a separation agreement that regulates how that property will be divided;
- Both spouses agree that their marriage is irretrievably broken and cannot be saved;
- The couple doesn’t have minor children, and neither of the spouses is pregnant at the time of the divorce or;
- If the couple has minor children, they should have signed the separation agreement prior to the divorce. Such a document should regulate the child support, custody, and visitation matters between ex-spouses.
How to File for an Uncontested Divorce in Colorado
If you’ve decided to have an uncontested divorce in Colorado, you should know the necessary steps to take to do it right. Below you can find thorough instruction on how to do it yourself.
Step 1: Filling the Required Paperwork Out
Filing for divorce is often the part that gets people confused, especially if you’re doing it without a lawyer. In reality, filling out divorce papers can be fast and affordable if you turn to one of the divorce companies to prepare your documents for you. It is called online divorce and is a great option for those who want assistance with this particular part of the divorce process. Here’s how a web divorce works: you provide the internet divorce company with information about yourself, your case, your marriage, and your divorce. After a short waiting period, which usually takes a couple of business days, you’ll receive your divorce forms ready to be filled with the court.
Step 2: Filing Your Divorce Papers With the Court
After your papers are ready, they must be filed with the Colorado court in the county that either of the spouses lives. Your submission should also include the “affidavit for decree without the appearance of parties.” The district court clerk’s office in your county can provide you with all the necessary forms, including an affidavit. Depending on who files the affidavit, you and your spouse will become a “petitioner” and a “respondent.” You can file it together, which will make you co-petitioners.
You should also remember that you cannot complete the divorce online even though you can find the application for divorce online. To successfully apply for divorce, you’d have to deliver the documents to the clerk’s office personally. You will also have to pay some filing fees at the court, which are usually relatively inexpensive, and only then will your case be assigned a number. If you have any additional documents to the case, you’ll be able to find them by searching this number.
Step 3: Serving the Documents to Your Spouse
If you and your spouse have filed your divorce documents with the court as co-petitioners, this step isn’t necessary. However, if one of you became the sole petitioner, you will be required to serve the documents to the respondent. There are a few ways to do that in Colorado. One of the options you have is to get the local sheriff to do it on your behalf. Another option is to do it personally. Finally, your spouse can sign a waiver of service available at the local clerk’s office. It is a document that legally secures the respondent’s right not to be served with the divorce papers.
Step 4: Attending the Hearing
Once you file your affidavit with the court, it is up to the judge to decide whether you should immediately be granted a divorce or not. In some cases, the court will ask the couple getting a divorce to attend a hearing. Sometimes it is done to give the judge a chance to ask spouses some additional questions. It might help them decide whether this particular couple meets the grounds for divorce in Colorado.
If the judge grants the couple a divorce, they will receive a document called a “decree of dissolution of marriage.” It can be signed after at least 90 days have passed since the affidavit was filed.
Final Thoughts
With the amount of information out there, it is now relatively easy to have a divorce over the internet without the involvement of a law specialist. The dissolution of marriage is no longer stigmatized as something too complicated and stressful to go through. The average cost of divorce is now manageable, too, due to DIY divorce opportunities. We believe that with the correct information and a prepared plan, you can quickly go through this period with a minimum amount of stress. Remember that your life can be just as full and joyful as it was before you got divorced. So don’t hesitate to make the most out of it.
