Your Marriage Is Over. You Want Your Divorce To Be Too. Here's How.
When you have made the difficult decision to end your marriage, your next thought is likely to find the quickest way to get a divorce. The divorce process in Colorado Springs is never easy, practically and emotionally. The last thing you want is for it to drag on and on, costing you more time, money, and frustration.
While you want to make sure that you protect your rights, provide for your children, and reach an equitable settlement, you also want to wrap things up as soon as possible so you can move forward to the next chapter of your life.
But finding the quickest way to get a divorce can be a challenge, especially when the parties disagree on significant issues like spousal maintenance and property division, child support, parenting time, and decision-making for minor children. However, suppose both spouses are largely on the same page, remain civil, and work together in good faith to bring matters to a swift conclusion. In that case, an uncontested divorce offers the quickest way to get a divorce in Colorado Springs.
What Is an Uncontested Divorce in Colorado?
As the name implies, an uncontested divorce is one in which neither spouse contests the basis of the divorce or the terms of a negotiated settlement agreement (and parenting plan if they have minor children).
Uncontested divorces in Colorado tend to be simpler when a couple does not have minor children or has limited assets and a relatively simple financial picture. Fewer areas of potential disagreement or conflict mean the parties avoid complex calculations and valuations or being bogged down in the scheduling and mechanics of co-parenting.
All couples who see eye-to-eye on how to end their marriage can avail themselves of an uncontested divorce so long as both parties have resided in Colorado for at least 90 days and agree that their marriage is irretrievably broken.
How An Uncontested Divorce Can Be The Quickest Way To Get a Divorce
Here's how an uncontested divorce typically proceeds in Colorado.
After one spouse files a Petition for Dissolution of Marriage with El Paso County courts and serves the petition on the non-filing spouse, a minimum of 90 days must pass under Colorado law before an El Paso County judge can enter a Final Judgment for Dissolution of Marriage. That doesn't necessarily mean that your divorce will be over on the 91st day. Still, it could be if you and your soon-to-be-ex and your respective attorneys have discussed and agreed upon all issues that a final divorce decree must address.
The parties must prepare a Separation Agreement in which they set forth:
- The property and assets that they are dividing between each other and who gets what.
- The duration and amount of any spousal maintenance, if any.
- That they do not have minor children and the wife is not currently pregnant, if applicable.
- If the couple has minor children, or if the wife is currently pregnant, a detailed parenting plan containing all of the details as to parenting time, decision making, and child support payment plans.
Once the finalized Separation Agreement is filed with the court, a judge must review and approve the agreement to ensure that the terms are fair and equitable to both spouses, are in the child's best interests, and comply with the law's requirements. If the judge finds that the proposed Settlement Agreement satisfies those criteria, the final divorce agreement will incorporate its terms.
Related: Is Divorce 50/50 in Colorado?
Tips For a Quicker Divorce If An Uncontested Divorce Is Not An Option
Of course, not all couples in Colorado Springs can work together to find the quickest way to get a divorce. Even when uncontested divorce is not an option, there are some steps you can take to move the process along.
Your marital home, IRAs and Social Security benefits, pensions, investments, and a family business impact how much time you, your attorney, and the court will spend figuring out these asset valuations and division issues. If you come into your divorce with a clear picture of your finances and those of your spouse, with the information and documentation to spare your attorney from having to hunt it down, it will save a lot of time.
Certain things during the divorce process are simply out of your control. For instance, you may not have control over how your spouse handles their feelings during the divorce process. But if you let your emotions cloud your judgment or control your decision-making, you reduce the chances that the two of you can resolve the many issues that you need to address without needing the court's intervention.
While a deeply personal event, divorce is still a legal proceeding designed to resolve practical issues, not emotional ones. Try to keep your emotions in check, as hard as that may be.
Retain a Divorce Lawyer Who Understands What Is At Stake
You want and should expect that your Colorado Springs divorce attorney knows the law. But you also want one who knows how to move the process forward as quickly as possible without compromising your rights. The right divorce attorney for you will protect your interests and those of your children while finding ways to reach fair and equitable agreements whenever possible.
Questions About Uncontested Divorce? Call Colorado Springs Divorce and Family Law Attorney Bryson Perkins Today
At Perkins Law in Colorado Springs, we understand that divorce is a stressful and challenging life event, even in the best circumstances. Our experienced team of divorce attorneys and paralegals will be there for you throughout the process, starting with your free, confidential initial consultation.