Contested or Uncontested Divorce? Insights From an Experienced Divorce Attorney
Choosing a divorce attorney in Colorado Springs, CO, is one of the most important decisions a person can make when a marriage ends. Understanding the difference between contested and uncontested divorce is the best place to start. Each path follows its own legal process, timeline, and set of challenges, and knowing which applies to your situation helps you protect your interests from day one.
What Is the Difference Between a Contested and Uncontested Divorce?
An uncontested divorce means both spouses agree on every major issue before asking the court to finalize the case. Those issues typically include the division of marital property and debts, spousal maintenance if applicable, and, when children are involved, decision-making authority, parenting time, and child support. Full agreement ahead of time means fewer court appearances and a faster process.
A contested divorce arises when spouses cannot agree on one or more of those issues. The court then steps in to resolve disputes through hearings, evidence, and, if necessary, a trial. The more unresolved issues there are, the longer and more complex the process becomes.
How Does El Paso County Process Divorce Cases?
Every divorce in Colorado begins with filing a Petition for Dissolution of Marriage at the El Paso County Combined Courts. Colorado is a no-fault state, meaning neither party has to prove wrongdoing to qualify for a divorce.
Colorado imposes a mandatory 91-day waiting period after filing before the court can enter a final decree, and this period cannot be waived. For an uncontested case, both spouses may file jointly as co-petitioners, eliminating the need for formal service. Both parties must submit sworn financial statements, generally within 42 days of filing, covering income, assets, debts, and expenses.
In contested cases, the court may schedule temporary orders hearings, mediation, discovery, and ultimately a final orders hearing if no settlement is reached.
How Long Does Each Type of Divorce Typically Take?
Uncontested divorces can sometimes wrap up in three to five months from filing, depending on how quickly both parties complete paperwork and court calendar availability. The 91-day waiting period is the legal floor, not a guarantee of a fast resolution.
Contested divorces often take considerably longer. Disputes over custody, support, or property division can add months of negotiation and hearings to the timeline. It is not unusual for a contested case in Colorado to take twelve months or more. Working with a divorce attorney early can help clients understand realistic timelines and avoid common delays.
Property Division Basics in Colorado
Colorado is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Factors courts may consider include the length of the marriage, each spouse's financial contributions, and their individual needs going forward.
Only marital property is divided. Separate property, such as assets brought into the marriage or received as an individual gift or inheritance and kept separate, is generally set aside. When assets are commingled, disputes over what counts as marital versus separate property can add complexity. A divorce attorney in Colorado Springs, CO, can help clients identify which assets are subject to division and how to present their position effectively. In an uncontested divorce, spouses may craft their own property settlement agreement and submit it for court approval.
When Is a Divorce Attorney Essential Versus Optional?
An experienced divorce attorney serving Colorado Springs, CO, can be valuable in both contested and uncontested situations. Even in an uncontested case, missing paperwork, incomplete financial disclosures, or poorly drafted agreements can cause delays or create problems later.
In a contested divorce, legal representation is especially important. Disputes over custody, complex assets, retirement accounts, or business interests require thorough preparation and the ability to advocate effectively at hearings. Going without legal guidance in a high-conflict case can leave a person at a significant disadvantage.
Even cases that start out uncontested can change. A spouse may withdraw their agreement partway through, or new disagreements may surface once financial documents are reviewed. Having qualified legal counsel from the beginning can help prevent an uncontested case from becoming a contested one.
Frequently Asked Questions About Divorce in Colorado
Does Colorado Require a Waiting Period Before a Divorce Is Final?
Yes. Colorado imposes a mandatory 91-day waiting period after filing before the court may enter a final divorce decree. This requirement applies to all divorces and cannot be waived.
Can an Uncontested Divorce Still Benefit From an Attorney?
Yes. Even when both parties agree, an attorney can help ensure all documents are correctly prepared and that the agreement fully protects each party's long-term interests.
What Happens if Spouses Cannot Agree on Property Division?
A judge will divide marital property based on Colorado's equitable distribution standard, taking into account each person's financial situation and contributions to the marriage.
Does a Family Law Attorney Help With Both Types of Divorce?
Yes. A divorce attorney can assist with uncontested divorces by drafting and reviewing agreements, and with contested divorces by representing clients through hearings, mediation, and trial if necessary.
Ready to Talk to a Colorado Springs Divorce Attorney?
Every situation is different, and even a straightforward case can become complicated without proper legal guidance. R. Robert Clothier P.C. has focused exclusively on family law since 1989 and serves individuals and families throughout El Paso County, CO, and the surrounding communities.
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