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Divorce

Contested vs Uncontested Divorce in Colorado

Have you been thinking about getting a divorce? There are different types of divorce and it is best to know the differences so you can take the best approach possible. Divorce can be categorized in two ways, contested vs uncontested divorce. You can learn more by contacting our divorce lawyers in Colorado Springs, CO.

Jeanne Wilson is dedicated to helping you during your divorce. Call today at (719) 625-8886!

What is an Uncontested Divorce?

An uncontested divorce is when both individual parties reach a mutual agreement on child custody and have common ground when it comes to the division of assets, alimony, childcare expenses, and attorney fees. To put it simply, an uncontested divorce is when the couple agrees on a divorce settlement agreement without the involvement of the family court or without a lengthy court battle. Contact our experienced uncontested divorce lawyer, Jeanne M. Wilson today.

If there are minor children, then an experienced family law attorney can prepare documents for a Parenting Plan or a Marital Settlement Agreement. These divorce agreements will be drafted when the couple completely agrees on the terms and they do not have to make an appearance in court. The attorney will submit the divorce papers and other documents on their behalf.

lawyers discussing divorce issues, Contested vs Uncontested Divorce

The Process for an Uncontested Divorce Goes as Followed:

  • Grounds of the Divorce. It is important for you to have a legally acceptable reason for the divorce. You may be applying for a divorce after a legal separation agreement and you need to clearly write the grounds.
  • Filling Uniform Uncontested Divorce Packet. When applying for an uncontested divorce you need to fill out the Unform Uncontested Divorce packet and all the forms inside it. Pay the divorce filing fees, if you are a poor person you may be exempted from paying the fee.
  • Service Of Process. You need to serve copies of all your documents to your spouse personally or have them served through the proper channels.
  • Affidavit Of Service. Once your spouse agrees to the divorce, they will need to sign a UD-7 Form called the Affidavit of Defendant. They have to send you the documents back within 40 days.

What is a Contested Divorce?

A contested divorce is when one party wants an uncontested divorce. The disagreement of both parties makes this divorce an uncontested divorce. The couple may have irreconcilable differences in aspects such as property division, grounds for divorce, and custody of children.

In this case, an experienced attorney can help the couple reach an agreement but if they are unsuccessful and are having a difficult time, then the family court will have to intervene and decide for the couple.

The Contested Divorce Process Goes as Followed:

  • Filing Divorce Petition. One of the spouses needs to fill out the divorce petition and serve it to the other so it is filed to the court.
  • Recording Details. Both spouses have to give complete and accurate information to prove or disprove major issues in the divorce.
  • Negotiate Settlement. Here the attorneys work on negotiating settlement proposals.
  • Trial Processing. The couple is required to present witnesses from each of their sides.
  • Legal Decisions. After listening to the appeals, the judge will make decisions on factors such as the division of marital property, custody of children after divorce, and childcare expenses.
  • Appeal. If a spouse disagrees with the decision, they can sign an appeal with the supreme court.

FAQ: What are some things you can expect from divorce court?

Which Divorce Takes Longer?

Yes, a contested divorce will take more time than an uncontested one. This is because you may have more than one issue to resolve such as child custody issues. If you want to go for a faster divorce then you will need to file for an uncontested divorce as you wouldn’t have to decide on any of the unresolved matters.

In a contested divorce, you will have to submit your paperwork to a judge so they can review it and ensure that it complies with all legal requirements before they make any divorce judgments. In such scenarios, it is important for you to consult with an experienced divorce attorney so they can guide you in the best direction and avoid any claims in the future.

Why Should You Go For an Uncontested Divorce?

If you were to decide between a contested and uncontested divorce, you should choose the latter as there are many benefits of an uncontested divorce.

lawyer reviewing a case

It can help you save a lot of money and time. This kind of divorce streamlines the process and that means that it takes less time for you to proceed with the divorce. There is less involvement of an attorney which means that you will not pay for a costly divorce process. However, even if you get a contested divorce and are able to resolve many of the issues on your own then that would be cost-effective.

In an uncontested divorce, you have better control of the situation and you can reach a conclusion with consensus. This reduces the involvement of any third party in the divorce proceedings.

Why Should You Hire A Divorce Attorney? 

It is very complicated to complete the divorce process without any hassle. A divorce attorney can help smoothen the process and ensure that both parties are satisfied with the decided provisions. Moreover, when two people are getting a divorce it is difficult for them to agree on something and in this case, a divorce attorney can help find a middle way. 

FAQ: What do you need to know about the difference between a military divorce and a civilian divorce?

It is important to find the right counsel so couples can easily get a divorce without making it messy or harming the emotions of all the parties involved. Therefore, be sure to only hire the best Colorado Springs family attorney at the best prices! 

Contact Jeanne M. Wilson Today!

Contact Jeane M. Wilson to get a confidential consultation and save yourself from a bitter divorce. We have the best family law services and can help you get the best outcomes without any hassle. Getting help from a reputable family law attorney in Colorado Springs is a great idea for couples and we are here to help you!

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