THE REPRESENTATION YOU NEED IN ORDER TO PROTECT YOUR FAMILY
Fort Collins Uncontested Divorce Attorney
While most divorces are emotional ordeals that often lead to contentious legal proceedings, hard feelings, and legal fees for both parties, an uncontested divorce in Colorado is a much more painless experience for everyone. An uncontested divorce allows a married couple to quickly end their marriage when spouses can amicably agree to the terms of a divorce or have entirely separate assets and no children.
The idea of an uncontested divorce may sound straightforward, but it is still essential for both parties to fully understand the requirements for securing uncontested divorces in Colorado. Colorado considers an uncontested divorce a “decree upon arrival,” meaning there is usually no need for a hearing. Each spouse will submit an affidavit and the court will approve the divorce. In Colorado, the criteria for securing an uncontested divorce includes:
- At least one of the divorcing spouses must have lived in Colorado for at least 90 days.
- The divorcing couple has no shared property or has already drawn up an agreement that clearly defines how they will split their shared property and assets.
- Both spouses agree the marriage is irretrievably broken.
- If the couple has children, they must both sign a separation agreement that outlines child custody, visitation, and child support.
Filing and Serving Your Spouse
Divorcing couples in uncontested divorces can file a joint affidavit with the county clerk’s office, or one spouse may file an affidavit as a petitioner and the other will be the respondent. The affidavit will need to state that both spouses have met the divorce requirements, and a spouse returning to a previous name may indicate this in the affidavit as well. If one spouse filed the affidavit, he or she will need to serve the divorce papers to the other spouse or have the county sheriff handle serving the other spouse.
The judge will likely grant the divorce without requiring the couple to appear for a hearing if the affidavit is acceptable and it contains all of the required information for making a determination. A hearing may be necessary if there are any irregularities or inconsistencies with the divorce paperwork. A judge may also decide a hearing is necessary to adjust the terms of the divorce to ensure it is fair to both parties.
Why Hire an Attorney?
An uncontested divorce is certainly less stressful and less emotionally charged than contested divorces. An attorney is still a huge help when it comes to filing paperwork and crafting a comprehensive divorce paperwork package. The right attorneys can help a divorcing couple looking for an uncontested divorce secure their decree of dissolution of marriage and move on with their lives.
The Law Office of Stephen Vertucci is a full-service law firm focused exclusively on all aspects of family law. Reach out to our office if you are curious about divorce requirements in Colorado or if you need legal representation for your divorce case. We go to great lengths to ensure our clients receive fair treatment in divorce hearings and can separate from an irretrievably damaged marriage as quickly as possible.