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What you Need to Know About Uncontested Divorce

Tolison & Williams | 24 January, 2017 | Divorce, Family Law

uncontested divorce.pngThanks to Hollywood, pop culture, the media, and other sources, we all know how devastating a divorce can become. Perfectly normal, loving couples turn their separation into a full-fledged battlefield where nobody comes out as a winner. Denver divorce lawyers are here to help you.

Your family life shouldn’t end like this. Choosing an uncontested divorce can help you keep the matters private and reach a settlement in a civil manner.

Uncontested vs. Contested Divorces

A contested divorce assumes that the two parties cannot agree on the acceptable divorce terms such as parental responsibilities, maintenance (former “alimony”), division of debt and/or marital property.

While hardly any divorce starts with having no disagreements between the parties, most partners are capable of reaching a satisfying settlement without taking their private matters to court. That’s what an uncontested divorce assumes.

Establishing the common grounds for you and your spouse may not happen from the first attempt. Yet, if you are capable of talking through the matters calmly and reaching an understanding, you should consider an uncontested divorce, or no contest divorce.

Advantages of an Uncontested Divorce

The foremost reason for choosing an uncontested divorce is minimizing the hostility. Lengthy court trials and waiting times will only increase the tension between you and your spouse. An uncontested divorce settlement can be resolved within a few sessions with the attorney. Both of you would be capable of resuming your separate lives quicker and move on to the civil post-divorce relationships.

Uncontested divorces take less time than contested ones. Colorado state court will grant you a divorce in 91 days after filing the petition unless there was a delay in submitting financial disclosures by both parties. For those planning to go to trial, the processing time will increase and the entire divorce process may take 6 to 12 months.

Choosing an uncontested divorce will also save you money. You and your spouse can avoid paying steep legal fees, as little attorney time will be required. According to Forbes, a contested divorce will cost you $20,000 in legal fees, whereas an uncontested divorce could be settled for under $3.500.

The final Denver divorce attorney fees will depend on your particular situation. Simple cases, where the couple already reached an agreement on parental responsibilities and doesn’t have any unusual financial circumstances can be settled for less than $1.000 including the court processing fees.

Uncontested divorces are easier for children. Exposing the little one(s) to the court ordeals can make the matters even worse for them. A judge often determines the parenting responsibilities based on the so-called “Best Interests” of the child. Those may not always correspond with your vision. An uncontested divorce assumes that you can reach an agreement on the childcare together with or without an attorney and, hence, avoid having the child present at the courthouse.

Do You Need an Attorney For an Uncontested Divorce?

Filing a divorce without an attorney may save you some money. Yet saving on legal fees may stand for losing certain benefits post-divorce, especially when it comes to separating the financials. For instance, tackling student loans and debt isn’t a liability of your spouse. Separating assets within a high net worth divorce can be rather challenging as well and legal guidance is advised.

An attorney will also act as a non-biased party between the two of you and help you reach a civil settlement without mixing in a lot of emotions. They will help you think more clearly and highlight the important gaps in the terms you have drafted so far.

Hiring an attorney is also advisable for same-sex divorces as Colorado’s legislature on same-sex marriages is relatively new and still has some significant gaps.

By getting professional legal help you can make a more weighted decision and settle the divorce on mutually acceptable, civil terms. You can schedule a consultation with a Denver divorce attorney from our firm via email or phone.