Divorce involves determining how you and your spouse will approach matters like division of assets and debt, child custody, child support, and spousal support. When you and your spouse are in agreement on all of these matters, you have an uncontested divorce. When you cannot agree on all issues, the result is a contested divorce.
Understanding a few nuances and misconceptions about contested vs. uncontested divorce can help you approach the process with greater confidence. A divorce lawyer in Parker, CO, can also help you understand what to expect on the road ahead and decide which route is best for you.
What Is a Contested vs. an Uncontested Divorce in Colorado?
By the end of your case, you and your spouse will have resolved all matters in your divorce, whether on your own, through mediation, or through divorce litigation (“trial” or “hearing”). When you initially file for divorce, you may not agree on these essential issues; the legal process of divorce is aimed at helping you reach agreements on these issues.
A contested divorce is one in which the spouses are not in agreement on all required issues. If even one issue remains unresolved (or even one part of one issue, such as parenting time but not decision making), the divorce will be considered “contested.” Meanwhile, a divorce is only uncontested when both parties are able to reach an agreement on every issue in their case and have reduced those agreements to writing.
These are the issues that must generally be resolved for the divorce to be truly uncontested in Colorado:
- Division of marital assets, property, and debts
- Parental responsibilities, including decision-making responsibility and parenting time
- Maintenance (spousal support), if applicable
- Child support, in accordance with statutory guidelines or agreement of the parties approved by the judicial officer
Main Differences Between Contested vs. Uncontested Divorce
Contested and uncontested divorce are not formally defined terms under Colorado law; instead, these are practice terms you will hear throughout your case. Contested divorce does not automatically lead to litigation, and some nuances affect how these two types of divorce will play out for each case.
These are the main differences between contested vs. uncontested divorce in Colorado:
- Uncontested divorce means all issues are resolved, even minor disagreements about property division, parenting time, or related issues. If even one issue is unresolved, the divorce would be considered contested.
- Contested divorce can take longer than uncontested divorce as the divorcing couple seeks to reach an agreement. All Courts in Colorado order mediation to give the spouses an opportunity to resolve disputes on their own. In some cases, divorce litigation (“trial” or “hearing’) may be necessary. These tasks can add significant time to the overall divorce process. Even so, there is a 91-day statutory waiting period before a divorce can be finalized, whether contested or uncontested.
- Contested divorce can sometimes be more expensive due to added legal fees, court costs, or mediation expenses, though this is not always the case.
In both contested and uncontested divorces, the court must approve the divorce agreement. Cases involving minor children are never purely “paper only,” even if the parents are in agreement on all relevant matters. The courts must independently review parenting plans and child support calculations before approving these arrangements.
As a result, an uncontested divorce does not necessarily mean that the couple will avoid court intervention. Judges can reject unconscionable property agreements or parenting plans not in a child’s best interests, even in an uncontested divorce. A family law attorney can provide more context for what your actual divorce process may look like.
An Uncontested Divorce Can Become Contested, and Vice Versa
Labeling a divorce as contested or uncontested does not necessarily define the remainder of the divorce process.
A divorce may start out as uncontested, but the couple realizes down the line that they disagree on a key issue, leading the process to become contested. A couple could also resolve disputes through mediation or other resolution tactics that do not involve the court, leading to an uncontested divorce. The ultimate goal of the dissolution process is that the parties are able to come to agreements on their own.
Seek Legal Assistance From Palmer Family Law
Understanding the differences between a contested and an uncontested divorce can help you prepare. An experienced family law attorney can provide clarity and guidance based on the unique issues and concerns in your divorce.
For legal assistance in the Parker, CO, area, contact Palmer Family Law today at 720-399-7434 for a free consultation.