What to Expect in a Contested vs. Uncontested Divorce
Divorce is a challenging process that often leads to emotional, financial, and practical changes for you and your spouse. Under Colorado law, divorce is formally referred to as “dissolution of marriage,” and the state follows a no-fault system. This means neither spouse must prove wrongdoing to end the marriage.
However, even with a no-fault divorce law, how a divorce case proceeds depends dramatically on whether it is contested or uncontested. Understanding these differences can help you and your spouse prepare for what lies ahead and make informed decisions.
The distinction between contested and uncontested divorce often determines how long your case will last, how much it costs, and how much stress is involved. Since divorce law governs property division, parenting time, child support, and maintenance, the structure of your case will typically impact every major outcome.
At Anderson Graham, LLC, we are experienced in handling both contested and uncontested divorce cases. Located in Denver, Colorado, we serve clients in Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. If you need legal assistance with a divorce, contact us today.
Divorce Law in Colorado
Colorado divorce law is broad, governing property division, parenting responsibilities, child support, and spousal maintenance. Colorado is an equitable distribution state, which means marital property is divided fairly, though not always equally. The state also emphasizes the child's best interests when determining parenting time and decision-making responsibilities.
Under Colorado divorce law, there is a mandatory 91-day waiting period from the date you file your case before a divorce can be finalized. This waiting period applies to both contested and uncontested divorces.
Understanding how divorce law applies between contested and uncontested divorces can help you anticipate how your case will proceed. The level of agreement between you and your spouse is typically the most significant factor influencing the process.
What to Expect in an Uncontested Divorce
An uncontested divorce occurs when both spouses agree on all major issues, including the division of property and debts, parenting time, child support, and spousal maintenance if applicable. When you and your spouse agree, the court can typically approve your settlement without a trial.
In an uncontested divorce, you and your spouse will need to submit a written separation agreement that outlines your decisions. The court will then review the agreement to confirm it’s fair and consistent with statutory requirements, especially when children are involved. If the court approves the agreement, your divorce may proceed, typically with minimal court appearances.
Uncontested divorces often move more quickly because Colorado divorce law doesn’t require formal discovery, multiple hearings, or testimony. This commonly results in a more predictable outcome that is largely shaped by you and your spouse rather than a judge.
What to Expect in a Contested Divorce
A contested divorce arises when you and your spouse can’t agree on one or more key issues, such as property division, valuation of assets, parenting time, child support, or spousal maintenance. When there is disagreement, Colorado divorce law requires court intervention to resolve the dispute.
Contested cases often involve formal discovery, which may require you to disclose your finances, submit documents, and file depositions. Each spouse will have the opportunity to gather evidence to support their position. Hearings, motions, and sometimes a trial may be necessary before the court issues final orders.
Since contested divorces rely on judicial decisions, the outcome is less predictable. Judges typically have discretion to weigh evidence and apply statutory factors, which can result in an outcome that neither you nor your spouse fully anticipated.
Key Differences Between Contested and Uncontested Divorce
While both contested and uncontested divorces follow the same underlying process in Colorado, there are significant practical differences between the processes. These include the following:
The level of court involvement and the number of hearings can vary.
The time required to reach a final decree is often longer in contested cases.
Uncontested and contested divorces have varying legal costs and financial impacts.
You typically retain less control over the outcome of a contested case.
Emotional strain and uncertainty can vary depending on the type of case.
Understanding these differences can help you and your spouse better decide how to approach your case. Colorado judges often encourage spouses to reach a settlement whenever possible to minimize court involvement, but the courts still provide a structured path for resolving disputes when an agreement can’t be reached.
Property Division in Contested vs. Uncontested Divorce
Property division is a central issue in many divorces. In an uncontested divorce, both spouses agree on how to divide their marital assets and debts. Colorado law allows you to develop creative solutions that fit your financial reality, such as structured buyouts or delayed property sales.
In a contested divorce, however, property division becomes a matter for the court. The judge will be tasked with identifying your marital and separate property, valuing assets, and dividing them equitably. This process may involve appraisals, financial records, and testimony. The final decision rests with the court, not you and your spouse.
Whether contested or uncontested, divorce law applies the same legal principles, but the level of control differs greatly depending on the agreement.
Parenting Time and Decision-Making Authority in Contested vs. Uncontested Divorce
When children are involved, Colorado law prioritizes their best interests over those of their parents. In uncontested cases, both parents will agree on parenting time schedules and decision-making authority. The courts allow parents to tailor their arrangements to their children’s needs, provided the plan meets statutory standards.
In contested divorces, parenting issues are often challenging. The courts may require parenting evaluations, temporary orders, and testimony. Judges consider factors such as stability, parental involvement, and the child’s needs before issuing final orders.
Contested parenting cases can often prolong the divorce, since Colorado law requires careful consideration of all the factors before altering your family dynamics.
Contact an Experienced Divorce Attorney in Colorado Today
Whether a divorce is contested or uncontested, Colorado law provides the structure for resolving marital issues while protecting your legal rights. The path your divorce takes depends on communication, a willingness to compromise, and the specific issues involved.
Colorado divorce law offers flexibility for spouses who can agree, and a clear process for those who can’t. Knowing what to expect in each scenario allows individuals to approach divorce with greater clarity and confidence, making it essential to work with experienced divorce law attorneys.
At Anderson Graham, LLC, we understand how divorce law shapes every stage of the divorce process. We’re proud to serve Denver, Colorado, including Lakewood, South Denver, Washington Park, Glendale, Cherry Creek, Central Park, Park Hill, Union Station, and Wheat Ridge. Contact us today for experienced legal support.