If you and your spouse have decided to end your marriage and are on relatively good terms, you may be wondering: do we really need to go to court? Could we do this more simply, more peacefully, and more affordably?

The answer might be yes, and an uncontested divorce could be the path forward.

What Is an Uncontested Divorce?

An uncontested divorce in Colorado is one where both spouses agree on all the major issues, including division of property and debts, spousal support (if any), and if you have children, parenting time and decision-making responsibilities. Because there are no disputed issues for a judge to resolve, the process is typically faster and less costly than a traditional litigated divorce.

What Are the Benefits?

Choosing an uncontested divorce when both parties are in agreement can offer several meaningful advantages. It often takes less time to finalize, sometimes just a few months rather than a year or more. Legal fees are generally lower since there’s no need for extended courtroom proceedings. The process also tends to be less emotionally draining, and for families with children, it can help set a more cooperative tone for co-parenting going forward.

Is It Right for Your Situation?

An uncontested divorce works best when both spouses can communicate openly and honestly, are willing to negotiate in good faith, and have a relatively clear picture of their shared assets and finances. It may not be the right fit if there is a significant power imbalance, a history of domestic abuse, complex financial holdings, or if one spouse is unwilling to be fully transparent.

Even in an amicable divorce, it’s wise to have an attorney review your agreement before you sign anything. Decisions made during divorce, especially around children and property, can have long-lasting consequences, and a lawyer can help ensure your interests are protected.

Do You Still Need a Lawyer for an Uncontested Divorce in Colorado?

Technically, you are not required to have legal representation in an uncontested divorce. Having an attorney can provide peace of mind that your paperwork is filed correctly, your agreement is legally sound, and you haven’t overlooked anything important. Many people are surprised by what they didn’t think to consider.

June Is a Common Time for Fresh Starts

Interestingly, June sees a notable uptick in divorce filings across the country. If you’ve been considering moving forward and the timing feels right, know that you don’t have to navigate this alone.

We’re Here to Help

At Tolison & Williams, we’re committed to making the legal process as smooth and stress-free as possible, whatever form that takes for your family. Whether you’re seeking a fully uncontested divorce or just want to explore your options, we’re here to listen and guide you. Contact us today to schedule a consultation.

Frequently Asked Questions

What makes a divorce "uncontested" in Colorado?

An uncontested divorce means both spouses have reached full agreement on all major issues: property and debt division, spousal support (if applicable), and if children are involved, parenting time and decision-making responsibilities. With nothing left for a judge to resolve, the process moves faster.

How long does an uncontested divorce take in Colorado?

Colorado has a mandatory 91-day waiting period from the date the other spouse is served. With an uncontested divorce, many couples finalize the process within a few months, compared to a year or more for a contested divorce.

Do I need a lawyer for an uncontested divorce?

You are not legally required to have one, but it's strongly advisable. An attorney can ensure your paperwork is filed correctly, your agreement is legally sound, and that you haven't overlooked anything — especially around children and long-term finances.

What if we agree on most things but not everything?

If there are unresolved issues, your divorce would be considered contested for those specific matters. Mediation is often a good next step to work through disagreements before proceeding.

Is an uncontested divorce appropriate if domestic abuse was involved?

No. Uncontested divorce requires open communication and good-faith negotiation between both parties. In situations involving a power imbalance or history of abuse, it's critical to have full legal representation to protect your interests.