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Uncontested Divorce
Leverage Our Years of Experience for Your Divorce
If you and your spouse agree on all property, debt, and child custody issues, it may be possible for you to obtain an uncontested divorce in Colorado. Uncontested divorces are usually much less expensive and can be obtained much quicker than a contested divorce.
The main difference is that in an uncontested divorce, the parties come to agreement on all issues and present the Court with a Settlement Agreement and Parenting Plan (if there are children involved).
As long as the provisions of the Separation Agreement are relatively fair (not unconscionable is the legal standard) the Judge will approve the agreement and adopt it as an order of the Court.
If there are children, a Parenting Plan needs to be presented to the Court that addresses all issues relevant to the children. The relevant issues are decision-making, parenting time, and child support.
As long as the Parenting Plan submitted to the court appears to be in the best interests of the children and addresses all these issues, the court will generally adopt the plan as an order of the Court.
Can I Obtain a Divorce Without a Hearing?
There is also a provision in Colorado rules of civil procedure that allows the parties to obtain the divorce without having to attend a hearing. This is often referred to as a “decree upon affidavit.” This allows the Court to adopt the parties’ agreements, adopt them as orders of the Court, and dissolve the marriage without the parties being present.
In order for the Court to grant your uncontested divorce in Colorado, there are a few requirements.
- You or your spouse must have been a resident of the state of Colorado for at least 91 days.
- If you and your spouse own property to be divided you both must have signed a Separation Agreement that lists the property to be divided and clearly states who gets what.
- The Separation Agreement must state that the marriage is irretrievably broken (this is the grounds for the divorce).
- The agreement must state that you and your spouse have no children and that the wife is not currently pregnant. (If you do have children see next item)
- If you have minor children, the agreement must address child custody, visitation, and child support. Colorado statutes no longer use the terms custody or visitation, instead we use the terms decision-making and parenting time.
- If you wish to obtain the uncontested divorce without having to appear for a hearing, you must also show that your spouse has been served with the Affidavit.
Once the court has received all your documents, the Judge will decide if he or she is willing to grant the divorce without a hearing. Judges differ on under what conditions they will grant a divorce without the parties having to appear.
Some judges want the parties to appear so the judge can ask questions and assure the court that the agreement is being entered into voluntarily and get that on the record in case there is question later as to whether the agreement was willing and voluntary.
Contact Us for Assistance with Your Uncontested Divorce!
Even if your case looks like it will be uncontested, it is a good idea to consult with an experienced family law attorney to make sure you are addressing all the relevant issues and that the documents you are filing with the court are in order.
Many times a review by an experienced family law attorney of proposed agreements can save you the aggravation of multiple trips to the judge to get the divorce concluded.
The experienced family law attorneys at The Gasper Law Group will be happy to look at your case and advise you as to how best to proceed.
Call our firm today at (719) 212-2448 to schedule a consultation with an experienced attorney.
Contested Divorce
Many times couples are unable to come to agreement as to the issues involved in their divorce. Whether it is the division of property and debt or child custody issues, if the parties cannot agree (or even have a civil conversation) the other option is to have a third party (usually a judge) make a decision and impose that ruling on the parties. For obvious reasons, these cases are generally much more expensive and take longer to resolve.
Many times parties are able to agree on some issues and unable to agree on others. In these cases, the parties typically tell the court (through pleadings filed in the case) what issues are agreed to and what issues are left for the judge to decide.
After the parties have attempted mediation, the court will hold a contested orders hearing where the parties are given the opportunity to present evidence in the form of document and/or testimony, and make arguments to the court as to how they think the contested issues should be resolved.
Contested divorces many times present complex legal issues. The experienced Colorado Springs divorce lawyers at The Gasper Law Group will be happy to meet with you and advise you based upon the particular circumstances of your case.
Call our firm today at (719) 212-2448 to schedule a consultation with an experienced attorney.
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"My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party."Caryn Adams and her team are hands down the BEST. I don't think I would have made it through what I went through without her by my side. My charges were dropped and we walked away with all parental rights/custody and a restraining order against the other party.- Avarie J.
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"A courteous, respectful, and efficient group"Highly professional team of attorneys and paralegal staff who work hard to reach the best outcomes for their clients. A courteous, respectful, and efficient group in all phases and aspects of due diligence, and discovery with effective preparation of cases entrusted to them. I recommend them highly and without reservation in all areas of the law in which they are eminently qualified.- Salah H.
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"If you need legal help use Gasper, ask for Christine I am thankful I did!!!"I don't write many reviews! Gasper Law Group proved to be worthy of my highest recommendation. Everyone at some time will need some legal service, but where to go. I want you to know Gasper Law Group can help you save what you might stand to lose. I really want you to know Christine S. is the finest Family Law Attorney you will find. Christine is experienced, committed to her clients, and will help save what whats most important to you. I would so like the leadership of Gasper Law Group to know how fortunate they are to have a team member of her Caliber. If you need legal help use Gasper, and ask for Christine I am thankful I did!!!- Eric D.
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"If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service."Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.- Ruby D.
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"They answered every call, every email from me in the long process of this probate and they all was very professional"
I really want to Thank Jack, Emily, and Therese for all their hard work taking care of my sister Pamela Bellos’s estate , they answered every call, every email from me in the long process of this probate and they all was very professional
- Karen B. -
"I highly recommend that you not waste your time hiring other attorneys and hire the Gasper Law Group."After an absolutely crazy incident that could not have been seen almost anywhere besides a movie. I received some serious charges and was in search of an attorney. They would not only represent me but need to do the right thing because it's the right thing...- Lance F.
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"The professionalism, guidance, and candor I’ve received from each person in this law firm has been beyond reproach."
I’m not one to have an extensive experience with law firms or lawyers and court in general. However, the professionalism, guidance, and candor I’ve received from each person in this law firm have been beyond reproach. Anytime, I mean, anytime, I’ve had a question about my case and the way forward, I was met with a friendly and constructive conversation about my case. There was never a doubt in my mind, that I made the right choice when I selected this law firm to represent me. Caryn and Stacie have been a wonderful blessing to my life and my legal proceedings. If you are looking for a no-BS law firm that has a significant reputation in the Springs area, I absolutely recommend this one. Even though I hope to not have to deal with this again, fingers crossed and every lucky charm, I’d trust this law firm with my representation to handle the hard stuff and give me ease with court proceedings. Thank you all for what you do and have done for me, my family, and my career. Bless you all.
- Steve S. -
"Attentive and supportive"The Gasper Law Group was fantastic. They treated me well and were very open about my situation. The team was attentive and made sure I fully understood everything, supporting me all the way. I would recommend them to anyone for any situation.- Jason E.
Why Choose The Gasper Law Group?
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