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Divorce can often be an emotionally and mentally stressful period for both parties and the actual legal procedure may feel to be just as difficult and stressful, but it doesn’t have to be. If you have an uncontested divorce in Colorado and you understand what to expect, the divorce procedure can be easy, relatively fast and inexpensive. This blog post will guide you through the ste of getting an uncontested divorce in Colorado.
Uncontested vs. Contested Divorce
A divorce is either uncontested or contested. An uncontested divorce, in Colorado, is one where the spouses have reached an agreement on all the terms of the divorce. Both spouses must sign off on the terms of the divorce. As a result, there is no need for a judge to take any further action other than declare the parties divorced. This type of divorce is also known as a “waiver divorce” because the spouses are waiving the ability to file a response or otherwise complain about anything in the divorce documents. Furthermore, the spouses are waiving the right to litigate any of the terms of the divorce because they have agreed to all the terms of the divorce. An uncontested divorce is generally simpler and faster than litigated divorce, and it typically costs significantly less cash too. According to USA Today, the average cost of a contested divorce in Colorado is $14,500 if no kids are included and $21,700 if small kids are involved. Whereas, an uncontested divorce typically costs a portion of those figures.
What are the terms of the divorce that must be agreed upon by both parties?
To have an uncontested divorce in Colorado, both parties have to agree on all the issues of the divorce, including the division of assets, division of debts, child custody, visitation, child support, and spousal support. If both spouses can agree on all such relevant issues, without court involvement, then the divorce can be finalized without a trial. If an agreement can’t be made, the divorce will be a contested case and a trial in front of the court must occur to finalize the divorce.
There are a number of benefits to getting an uncontested divorce in Colorado. Maybe the biggest benefits are that it can be much faster and less costly than going through a contested divorce. An uncontested divorce can typically be finalized within 60 days, if minor children are involved, and in as short as ten days if the spouses do not have minor children together. On the other hand, a contested divorce can take anywhere from 6 months to many years to complete.
Another advantage to an uncontested divorce is that it permits you and your spouse to keep control over the result of the divorce. In a contested divorce, the judge chooses how to divide property, custody and support, and his or her decision might not be what either spouse desired. Nevertheless, in an uncontested divorce, you and your partner have the ability to reach a settlement agreement on these problems yourselves, so you can be sure that the outcome will be fair to both of you.
Process of an Uncontested Divorce in Colorado.
The primary step in getting an uncontested divorce in Colorado is to make sure that you fulfill the residency requirements. To file for divorce in Colorado, at least one spouse needs to have resided in the state for a minimum of ninety-one days prior to filing.
Once you have actually identified that you meet the residency requirements, you'll need to gather all the required paperwork. This consists of a Petition for Divorce and a Last Decree of Divorce. The Petition for Divorce is the file that starts the divorce procedure and needs to be filed with the court. It consists of details such as the premises for divorce, child custody arrangements, and marital property allocation. The Last Decree of Divorce is the document that officially ends the marital relationship and has to be signed by the judge.
You have numerous options when it concerns handling the divorce process. You might employ an attorney to take care of your uncontested divorce. This choice includes the additional cost of lawyer's charges. You can handle it completely on your own. However, you are still required to file all the needed documents and all your divorce documents need to be properly submitted, otherwise, the judge will not approve your divorce. A 3rd choice is using a Colorado online divorce service. This choice permits you to manage your divorce without needing to hire a legal representative, while ensuring you have the proper divorce documents for your circumstance and they are properly completed for the judge's approval.
After you have actually gathered all the required documentation, you'll need to file it with the district clerk in your county. You can do this via efile, by mail or personally. You will also have to pay the county's filing charge, which typically costs approximately $230. When the documents has actually been filed, you need to either have your partner served with the Petition for Divorce or your spouse can sign a Waiver of Service. If your spouse will not sign a waiver of service, then once your partner is formally served with the divorce documents, he or she will have twenty-one days to respond if served within the state; otherwise the deadline to file an answer is 35 days. You can file for a default judgment if they do not respond within that time frame.
You can move forward with an uncontested divorce if you and your spouse reach an agreement on all the crucial issues. You will need to draft a Martial Settlement Agreement and an Agreed Final Decree of Divorce that incorporates the Marital Settlement Agreement, which lays out the terms of the divorce, including division of marital property, child custody and support, visitation, and spousal support (if applicable). There are additional papers that will need to likewise be prepared and filed in your divorce case depending on whether or notchildren are involved. If cheap online divorce colorado want to handle your uncontested divorce yourself to save money on attorney costs, then utilizing a quality online divorce service will guarantee you actually have all the required divorce documents and they are filled out appropriately. Once the Marital Settlement Agreement and Agreed Final Decree of Divorce is signed by both parties, you are ready to start the last stage of completing your divorce.
Before any divorce can be completed, there is a legally mandated waiting duration of ninety days prior to the Judge being able to sign the final divorce decree.
When the applicable waiting period has actually passed, you will be required to appear in court for a quick hearing, called a "prove-up." It's described as a "prove-up" hearing due to the fact that this is where you prove up your divorce demonstrating that you fulfill the minimum requirements to get a divorce in Colorado and that all problems have actually been fixed. Generally, only the filing spouse is required to appear in court for the prove-up hearing. You will need to bring all your divorce papers, including your Marital Settlement Agreement and the Agreed Final Decree of Divorce, which the judge will sign, making your divorce official.
Getting an uncontested divorce in Colorado is a relatively simple and straightforward process. Thus, if you and your spouse have the ability to reach a settlement agreement on all essential problems, you will save yourself a great deal of tension, time and cash.
Homepage: https://www.reliabledivorce.com/coloradoonlinedivorce
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