Uncontested Divorce in Colorado

What Makes a Divorce Uncontested in Colorado

A divorce is uncontested when both spouses sign an agreement covering every issue in the case before the court has to rule on it. The agreement may be filed with the court along with the divorce petition, supporting documents and required financial disclosures. Or the settlement may be filed after the case has been going on for a period of time but prior to any final hearing. If even one issue is left open, the case is contested, not uncontested.

Issues that must be fully resolved:

• Parenting time and decision-making. Colorado uses allocation of parental responsibilities instead of custody. The parenting plan must cover where the children live, how time is divided, and who decides major issues about school, health care, and religion.
• Child support. Both parents’ incomes, parenting time, health insurance, and child care costs feed into the Colorado guideline formula. The agreed support amount has to fall within what a court would approve.
• Spousal maintenance. Whether maintenance is paid, the amount, and the duration must be agreed in writing. The court will review whether the terms are fair and consistent with Colorado law.
• Property and debt. Every marital asset and debt has to be identified, valued, and divided in the agreement. That covers the house, retirement accounts, vehicles, credit cards, and loans.
• Separate property claims. If either party owned property before the marriage or received gifts or inheritance during it, those claims must be documented in the agreement.

Uncontested does not mean unprepared. Both spouses still owe each other full financial disclosure, and the court still has to approve the agreement before entering a decree.

The Uncontested Divorce Process in Colorado

The Colorado dissolution process follows the same statutory framework whether the case is contested or uncontested. Uncontested cases have fewer disputes and finish faster. Here is how an uncontested divorce typically moves through the system.

1. Decide how to file. Spouses can file a Petition for Dissolution of Marriage as co-petitioners, or one spouse can file the Petition and the other can sign a waiver of service. Joint filing is cleaner when both sides are in agreement on every issue.
2. Residency check. At least one party must have been domiciled in Colorado for 91 days before the petition is filed.^[1]
3. Mandatory financial disclosures. Both parties exchange Sworn Financial Statements and supporting documentation under C.R.C.P. Rule 16.2^[2]. This step is required even when the divorce is uncontested, and it is the foundation for a defensible settlement.
4. Initial Status Conference. Most Colorado district courts hold an Initial Status Conference within roughly 40 days of filing. In some counties, the ISC can be waived if the case is filed jointly with a complete settlement agreement attached.
5. Parenting class. If you have minor children, both parents must complete a court-approved parenting class. The certificate of completion of that class is filed with the court.
6. Draft and sign the Separation Agreement and Parenting Plan. These are  the documents that capture your full agreement on property, debt, support, and, if children are involved, parenting time and decision-making. Both spouses sign before filing.
7. 91-day waiting period. Colorado law sets a minimum of 91 days from service of the petition, the respondent’s first appearance, or the date of joint filing before a decree can be entered.
8. Submit final paperwork. After the waiting period, the parties submit the final documents for court approval. The package includes the Decree of Dissolution, support order, parenting plan, and Separation Agreement.
9. Decree of Dissolution. Many Colorado courts enter the decree on the paperwork alone, often called a Decree on Affidavit, when the agreement is complete. Cases with children may require a brief non-contested hearing instead.

How Long an Uncontested Divorce Takes in Colorado

Colorado law sets a minimum of 91 days from filing or service before a decree can be entered. Most uncontested divorces in Colorado finish three to six months from filing.

The timeline depends on several factors.

• Whether you have children. Cases with minor children usually take longer because parenting class certificates must be filed and a brief non-contested hearing is often required.
• Court calendar and procedure. Some counties process Decrees on Affidavit quickly. Others require scheduling a non-contested hearing, which adds weeks to the timeline.
• Disclosure completeness. If financial disclosures are partial or late, the case stalls. Clean, complete disclosures filed on time keep the case moving.
• Agreement quality. A vague or incomplete Separation Agreement gets sent back for revisions, which restarts the clock on signing and filing.

If both sides are ready at filing and have already negotiated the Separation Agreement, the 91-day waiting period is usually the longest single delay. Cases without children, with complete disclosures and clear agreements, can be wrapped up shortly after that window closes.

When an Uncontested Divorce Becomes Contested

Cases shift from uncontested to contested more often than people expect. The most common triggers are predictable.

• New financial information. Once the actual financial picture is on paper, prior verbal agreements sometimes fall apart.
• Changed parenting positions. What sounded reasonable in conversation can feel different once it is written into a binding plan.
• Tax consequences. Real estate transfers, retirement account splits, and dependency claims have tax implications that change the math.
• Valuation disputes. A house, a business, or a retirement account can be valued multiple ways. If the parties cannot agree on the number, they cannot agree on the division.
• New facts. A new job, a new relationship, or a planned move can change what either side is willing to accept.

If your case shifts mid-process, you have not failed at divorce. You have learned what was actually in dispute. The path forward usually moves into a Colorado contested divorce, which has a different process, timeline, and strategy.

Do You Still Need a Lawyer for an Uncontested Divorce?

You are not required to hire an attorney for an uncontested divorce in Colorado. Many people file pro se (not represented by an attorney) using the JDF forms published by the Colorado Judicial Branch.

What an attorney brings to an uncontested case:

• Disclosure accuracy. Mandatory disclosures are the legal foundation of the agreement. Missing a retirement account or undervaluing a business can void parts of the settlement later.
• Agreement drafting. Separation Agreements need precise language on enforcement, modification, and tax treatment. Template agreements fail in predictable ways.
• Parenting plan structure. Vague schedules and decision-making provisions create conflict the day after the decree is signed.
• Procedural compliance. Different counties have different filing quirks. A rejected filing pushes the case back weeks.

If your case is genuinely simple, with a short marriage, no children, no real estate, no retirement, and no maintenance, pro se may work. The closer you get to any of those variables, the more an attorney is worth the cost compared to fixing the same problem in a post-decree modification.

How The Drake Law Firm Helps With Uncontested Divorce

At The Drake Law Firm, uncontested cases sit inside our broader Colorado divorce practice, which also covers contested cases, legal separation, mediation, and collaborative options. We represent clients across Jefferson County, the Denver metro, and the Front Range.

Our job in an uncontested case is to make sure your agreement actually does what you want it to do, ten years from now. That means we treat the documents seriously even when the relationship is friendly.

What we do:

• Run the finances. Complete mandatory disclosures, ensure accurate valuations, and generally there are no surprises later.
• Draft the Separation Agreement and Parenting Plan. Language built to hold up to enforcement and/or modification, depending on the issue.
• File so the court accepts it the first time. County-specific procedural quirks handled.
• Flag what looks off. An undervalued asset, a parenting schedule that will collapse in six months, or a tax treatment that hurts one spouse.
• Tell you when not to sign. If we cannot recommend the agreement as drafted, we will tell you that, and tell you why.

How we work:

• Offices in Golden and Lakewood. Serving Jefferson County, the Denver Metro Area, and the Front Range.
• Hourly billing. Uncontested cases take a fraction of the time a contested case requires.
• Discounted $200 initial consultation. The right place to get a rough sense of cost.
• Flexible access. In-person, phone and Zoom consultations available. Saturday appointments by request.