The Simple Troubles of Uncontested Divorce
Nov. 15, 2019
When we think of divorce, we think of bitter battles and harsh words; we think of former lovers sitting across mahogany tables, each represented by the Colorado Springs family law attorney, slinging insults and fighting tooth and nail for what they each believe they are entitled to. It’s a far cry from the happiness of a wedding day, but it’s a scene that some of us will become uncomfortably familiar with – and be able to recount firsthand. Because Colorado is a no-fault state, some couples tolerate grave misgivings on the part of their spouse before finally saying that the marriage is irredeemable and unsalvageable. This is what Colorado Springs family law attorneys train for.
In some instances, however, couples will agree to treat the split amicably; they will concede that they must negotiate as reasonable adults to end a legal binding between two people. When couples have this enlightened clarity, they can enter what is called an uncontested divorce. Rather than battling in court as if it were a bloody war, the two understand and settle in legal offices, rather than pleading their cases to the courts in the hopes that they come out on top.
Things aren’t easy when going through an uncontested divorce, but proceedings go much quicker so that the couple can get on with their individual lives as opposed to dragging things out the court system. In order to file for an uncontested divorce, couples must have lived within the state for 90 days before requesting the papers for divorce, agree that they cannot fix their marriage (as CO is a no-fault state and this is the only way to proceed), and create a document that lists the division of assets, properties, custody, and support that both parties agree to in order to continue with the divorce.
Although there isn’t necessarily a battle to be fought, it is still recommended that couples filing for uncontested divorce hire a Colorado Springs family law attorney to oversee the filing and negotiations. As the old saying goes, it’s better to be safe than sorry.
If you and your spouse feel that there is no way to continue on as a married couple, but understand that you don’t want to go through a lengthy, and often expensive, court process to litigate divorce, call or visit our offices to begin preparation for an uncontested divorce. We’re here to help oversee the fair and equal distribution of assets, spousal support, and custody.