Uncontested Divorce
Leverage Our Years of Experience for Your Divorce
If you and your spouse agree on all property, debt, and child custody issues, it may be possible for you to obtain an uncontested divorce in Colorado. Uncontested divorces are usually much less expensive and can be obtained much quicker than a contested divorce.
The main difference is that in an uncontested divorce, the parties come to agreement on all issues and present the Court with a Settlement Agreement and Parenting Plan (if there are children involved).
As long as the provisions of the Separation Agreement are relatively fair (not unconscionable is the legal standard) the Judge will approve the agreement and adopt it as an order of the Court.
If there are children, a Parenting Plan needs to be presented to the Court that addresses all issues relevant to the children. The relevant issues are decision-making, parenting time, and child support.
As long as the Parenting Plan submitted to the court appears to be in the best interests of the children and addresses all these issues, the court will generally adopt the plan as an order of the Court.
Can I Obtain a Divorce Without a Hearing?
There is also a provision in Colorado rules of civil procedure that allows the parties to obtain the divorce without having to attend a hearing. This is often referred to as a “decree upon affidavit.” This allows the Court to adopt the parties’ agreements, adopt them as orders of the Court, and dissolve the marriage without the parties being present.
In order for the Court to grant your uncontested divorce in Colorado, there are a few requirements.
- You or your spouse must have been a resident of the state of Colorado for at least 91 days.
- If you and your spouse own property to be divided you both must have signed a Separation Agreement that lists the property to be divided and clearly states who gets what.
- The Separation Agreement must state that the marriage is irretrievably broken (this is the grounds for the divorce).
- The agreement must state that you and your spouse have no children and that the wife is not currently pregnant. (If you do have children see next item)
- If you have minor children, the agreement must address child custody, visitation, and child support. Colorado statutes no longer use the terms custody or visitation, instead we use the terms decision-making and parenting time.
- If you wish to obtain the uncontested divorce without having to appear for a hearing, you must also show that your spouse has been served with the Affidavit.
Once the court has received all your documents, the Judge will decide if he or she is willing to grant the divorce without a hearing. Judges differ on under what conditions they will grant a divorce without the parties having to appear.
Some judges want the parties to appear so the judge can ask questions and assure the court that the agreement is being entered into voluntarily and get that on the record in case there is question later as to whether the agreement was willing and voluntary.
Contact Us for Assistance with Your Uncontested Divorce!
Even if your case looks like it will be uncontested, it is a good idea to consult with an experienced family law attorney to make sure you are addressing all the relevant issues and that the documents you are filing with the court are in order.
Many times a review by an experienced family law attorney of proposed agreements can save you the aggravation of multiple trips to the judge to get the divorce concluded.
The experienced family law attorneys at The Gasper Law Group will be happy to look at your case and advise you as to how best to proceed.
Call our firm today at (719) 212-2448 to schedule a consultation with an experienced attorney.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Contested Divorce
Many times couples are unable to come to agreement as to the issues involved in their divorce. Whether it is the division of property and debt or child custody issues, if the parties cannot agree (or even have a civil conversation) the other option is to have a third party (usually a judge) make a decision and impose that ruling on the parties. For obvious reasons, these cases are generally much more expensive and take longer to resolve.
Many times parties are able to agree on some issues and unable to agree on others. In these cases, the parties typically tell the court (through pleadings filed in the case) what issues are agreed to and what issues are left for the judge to decide.
After the parties have attempted mediation, the court will hold a contested orders hearing where the parties are given the opportunity to present evidence in the form of document and/or testimony, and make arguments to the court as to how they think the contested issues should be resolved.
Contested divorces many times present complex legal issues. The experienced Colorado Springs divorce lawyers at The Gasper Law Group will be happy to meet with you and advise you based upon the particular circumstances of your case.
Call our firm today at (719) 212-2448 to schedule a consultation with an experienced attorney.
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Highly professional team of attorneys and paralegal staff who work hard to reach the best outcomes for their clients. A courteous, respectful, and efficient group in all phases and aspects of due diligence, and discovery with effective preparation of cases entrusted to them. I recommend them highly and without reservation in all areas of the law in which they are eminently qualified.- Salah H.
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I, unfortunately, was involved with two separate situations within a few years of each other, which left me in quite a bind both times. I was lucky enough to have Caryn assist me in both cases and was absolutely floored with the knowledge and expertise that not only she carries, but the firm as a whole. One of the best, if not the best lawyers I've ever come across. Extremely nice and very honest. I was able to resolve my situations with minimal impact and continue my life without fear of being held back.- Former Client
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I don't write many reviews! Gasper Law Group proved to be worthy of my highest recommendation. Everyone at some time will need some legal service, but where to go. I want you to know Gasper Law Group can help you save what you might stand to lose. I really want you to know Christine S. is the finest Family Law Attorney you will find. Christine is experienced, committed to her clients, and will help save what whats most important to you. I would so like the leadership of Gasper Law Group to know how fortunate they are to have a team member of her Caliber. If you need legal help use Gasper, and ask for Christine I am thankful I did!!!- Eric D.
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Christine, Kris, and Ebony are amazing and compassionate. We enjoyed every interaction. Gasper Law firm keeps appropriate communication and not in excess which keeps our cost low. We are so very grateful. Even if an unexpected turn in our guardianship hearing they remained diligent to ensure things were done in a timely manner. Thank you so much! You helped complete our family and we are forever grateful.- Misty M.
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I’m not one to have an extensive experience with law firms or lawyers and court in general. However, the professionalism, guidance, and candor I’ve received from each person in this law firm have been beyond reproach. Anytime, I mean, anytime, I’ve had a question about my case and the way forward, I was met with a friendly and constructive conversation about my case. There was never a doubt in my mind, that I made the right choice when I selected this law firm to represent me. Caryn and Stacie have been a wonderful blessing to my life and my legal proceedings. If you are looking for a no-BS law firm that has a significant reputation in the Springs area, I absolutely recommend this one. Even though I hope to not have to deal with this again, fingers crossed and every lucky charm, I’d trust this law firm with my representation to handle the hard stuff and give me ease with court proceedings. Thank you all for what you do and have done for me, my family, and my career. Bless you all.
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I used the Gasper Law Group when I was going through my divorce and child custody case. I got the outcome I wanted, Carrie Kelly and Kimberly Lucas made my life 10x easier considering i didn’t know what I was doing. They were patient, and caring and even made me laugh a few times. I highly recommend you use them to make your life easier. I couldn’t ask for a better team! I’m now happily divorced and got my kiddo 50/50! You guys rock and if anything comes up in the future, I’ll be sure to use you guys! Thanks so much gasper law group for the fast and professional services!- Micheala E.