Agreeing to end your marriage doesn't mean the paperwork takes care of itself. In Colorado, an uncontested divorce works when both spouses resolve every issue the court must decide and put those terms in a written separation agreement.
Peacemakers. Problem Solvers.
Your family and your future matter. Obtain dependable legal advocacy today.
How Does an Uncontested Divorce Work in Colorado?
Agreeing to end your marriage doesn't mean the paperwork takes care of itself. In Colorado, an uncontested divorce works when both spouses resolve every issue the court must decide and put those terms in a written separation agreement. A judge or magistrate then reviews the agreement and can enter a final decree, often without a contested hearing, but never sooner than 91 days after the case begins.
Even when the conversations with your spouse have gone smoothly, you may still be weighing choices that will shape your finances and your family's routine for years. At Durango Family Law, located in Durango, Colorado, we help couples in Pagosa Springs, Cortez, Dolores, Silverton, Hermosa, Hesperus, La Plata County, Montezuma County, and San Juan County turn a shared understanding into an agreement that holds up.
Your family's arrangement doesn't have to fit a template, and we enjoy finding solutions that reflect what matters most to you. If you and your spouse are ready to move forward, schedule a consultation with our team to discuss your options.
What Makes a Divorce Uncontested in Colorado?
A divorce is uncontested when you and your spouse agree on all the terms of the divorce, not just the decision to end the marriage. Colorado is a no-fault state, so under C.R.S. § 14-10-106, the only ground for dissolution is that the marriage is "irretrievably broken." Neither spouse has to prove wrongdoing.
At least one spouse must also have lived in Colorado for at least 91 days before filing. Beyond that, an agreement typically needs to cover:
How you will divide marital property, such as your home, vehicles, and retirement accounts.
Who will be responsible for each debt.
Whether either spouse will pay spousal maintenance, and how much.
A parenting plan that allocates decision-making and parenting time, if you share minor children.
Child support, which Colorado calculates using state guidelines.
If even one issue remains unresolved, the case is considered contested on that point. Many couples find that some topics, like retirement accounts or the family home, take more discussion than expected.
How the Process Works From Filing to Decree
An uncontested case begins when one or both spouses file a Petition for Dissolution of Marriage in the district court where either spouse lives. Filing jointly as co-petitioners avoids the need for formal service. When only one spouse files, the other must be served or can sign a document accepting service.
Next, both spouses exchange financial information. Colorado's court rules require each of you to complete a sworn financial statement and share supporting documents, such as tax returns, pay stubs, and account statements. This step can feel tedious, but it gives you both an accurate picture of what you are dividing.
With that information, you and your spouse finalize a separation agreement and, if you have children, a parenting plan. Many Colorado courts also require parents to complete a parenting education class. Under our Colorado divorce practice, we draft these documents with an eye toward clarity, so the terms are easy to follow long after the decree is signed.
The 91-day waiting period runs from the date of service or joint filing, and it cannot be shortened even when everything is settled. That wait can be frustrating if you're ready to move on. Many couples use the time to finish disclosures, review drafts carefully, and plan the practical details of separate households.
Can You Finalize a Divorce Without a Hearing?
In many cases, yes. C.R.S. § 14-10-120.3 allows the court to enter final orders based on sworn affidavits rather than live testimony. This option is often called a "decree without appearance," and it can spare you a trip to the courthouse.
The statute sets specific conditions. In general, the court may consider this approach when:
The spouses have no minor children together, and the wife is not pregnant, or both spouses are represented by counsel or a licensed legal paraprofessional and have a written agreement addressing parental responsibilities and child support.
There is no marital property, or the spouses have agreed on how to divide it.
The court has proper jurisdiction, and the other spouse has been served or has joined the case.
Filing an affidavit does not shorten the 91-day waiting period. The court also keeps the authority to require a hearing on any issue, so some couples may still need to appear briefly, even with a complete agreement.
Why Agreement Doesn't Mean Skipping Legal Advice
The courts don't simply rubber-stamp an uncontested divorce. Colorado judges review the financial terms of a separation agreement to confirm they are not unconscionable, meaning grossly unfair to one spouse. Parenting terms receive their own review based on the children's best interests.
Couples who draft agreements on their own sometimes overlook details that create problems later. Common gaps include:
Dividing a retirement account without the separate court order that some plans require.
Leaving a former spouse's name on a mortgage or auto loan after the house or car is awarded to the other spouse.
Writing vague parenting schedules that don't address holidays, travel, or school changes.
Property division terms are generally difficult to change once the decree is entered, which raises the stakes of getting them right the first time. Revisiting topics you thought were settled can be uncomfortable. Still, a careful review now often prevents disputes that are harder and more expensive to resolve later.
Build Your Agreement With Colorado Divorce Attorneys
An uncontested divorce in Colorado gives you more control over the outcome, but it still involves financial disclosures, a mandatory waiting period, and court review. Understanding each step helps you move through the process with fewer surprises.
At Durango Family Law, we work with families from our Durango, Colorado, office to create agreements that align with their goals and withstand scrutiny. Our family law attorneys, Rachel Brock and Hugh Boles, communicate directly with clients and give each case one-on-one attention.
Whether you need a full agreement drafted or a careful review of terms you've already discussed, we're ready to help. Contact us today to schedule a consultation and take the next step toward your new beginning.
RECENT POSTS
Divorce and custody disputes involve important decisions that can affect your finances, parenting schedule, home life, and relationship with your children. Sitting across from someone with whom you have serious disagreements can also bring up strong emotions when you’re expected to discuss important decisions at the same time.
Watching a parent, spouse, or family member lose their ability to care for themselves brings a profound sense of heartache. Stepping in to take over their daily decisions isn't a choice anyone makes lightly. It's a heavy emotional burden wrapped in difficult legal requirements, and you shouldn't ever have to face this transition alone.