Updated 12-25-2025
Uncontested Divorce in Colorado: Forms, Timelines, and When It Makes Sense
An uncontested divorce in Colorado is the fastest, lowest-cost option when both spouses agree, but it still requires proper paperwork and a 91-day waiting period.
When both spouses are willing to work together, an uncontested divorce in Colorado can offer a more straightforward path to ending a marriage. Rather than relying on a judge to decide contested issues, couples who agree on the major terms of their divorce can maintain more control over the outcome while often reducing the time, cost, and stress involved.
This guide explains how uncontested divorce works in Colorado, what forms and steps are involved, and what to consider before deciding whether this approach is right for your situation. Even when spouses agree, understanding the process helps ensure your agreements are complete, enforceable, and aligned with your long-term interests.
Key Takeaways:
- An uncontested divorce in Colorado means both spouses agree on all major issues—including property division, parenting time, decision-making, child support, and maintenance—and can present those agreements to the court.
- Colorado allows spouses to file a joint petition for dissolution of marriage, which can simplify the process when both are cooperative and informed.
- Even uncontested divorces must follow Colorado’s legal requirements, including a mandatory 91-day waiting period from filing or service and completion of financial disclosures.
- Parents can complete an uncontested divorce in Colorado if they agree on a detailed parenting plan and child support arrangements that meet the state’s best-interests and guideline standards.
- While a lawyer is not legally required for an uncontested divorce, legal advice can help ensure agreements are complete, enforceable, and aligned with each spouse’s long-term interests, especially where children or significant assets are involved.
What “Uncontested Divorce” Means in Colorado
An uncontested divorce simply means that both spouses agree on all the major issues involved in ending their marriage, or can reach an agreement through negotiation or mediation before asking the court for final orders.
In an uncontested case, there are no disputed matters requiring a judge to decide. Instead, spouses present their agreements to the court, which reviews them to ensure they meet legal requirements and then incorporates them into the final decree.
It’s important to understand that “uncontested” refers to the level of dispute between spouses, not a special legal case type. The court filing process is similar whether a case is contested or uncontested. The difference is in how issues get resolved—through mutual agreement rather than litigation.
Even in an uncontested divorce, the court still plays a role. A judge must review and approve your agreements before entering the final decree. This review ensures that the terms are complete, legally valid, and—when children are involved—consistent with their best interests.
Eligibility and When an Uncontested Divorce May Be Appropriate
To file for divorce in Colorado, at least one spouse must have been a resident of the state for a minimum of 91 days. Additionally, Colorado is a no-fault divorce state, which means the only grounds required are that the marriage is “irretrievably broken”—both spouses agree that the marriage cannot be saved.
An uncontested divorce may be a good fit when:
- Spouses can communicate openly and exchange complete financial information
- There is general agreement, or a willingness to negotiate, on dividing property and debts
- Parents agree on parenting time, decision-making responsibility, and child support
- Both spouses feel informed about their rights and options
Additional caution may be needed when:
- There are safety concerns, including domestic violence or intimidation
- Significant power imbalances exist (financial, emotional, or informational)
- There are concerns about hidden assets or incomplete financial disclosure
In these situations, working with a legal professional can help protect your interests while still allowing for an uncontested resolution.
Filing Options for Uncontested Divorce in Colorado (Including Joint Petitions)
Colorado offers flexibility in how couples initiate divorce proceedings, which can be particularly helpful when both spouses are cooperative.
- Joint petition: When both spouses agree to divorce and are ready to work together, they can file a joint petition for dissolution of marriage. Both spouses sign the petition and file it together, which means neither spouse needs to be formally “served” with divorce papers. This approach can feel less adversarial and eliminates some procedural steps.
- Individual petition with cooperation: Alternatively, one spouse can file the petition individually, and the other spouse can cooperate by accepting service (signing an acknowledgment that they received the papers) or by filing a waiver of service. The responding spouse can then participate in the process without contesting the divorce.
Both approaches can lead to an uncontested resolution. The joint petition may be slightly more streamlined, but the individual petition, with cooperation, works well when one spouse is taking the lead on paperwork while the other remains agreeable.
Forms and specific procedures can vary somewhat by judicial district in Colorado. It’s worth checking your local court’s self-help resources or speaking with court staff to confirm the requirements in your area.
Step-by-Step Process for an Uncontested Divorce in Colorado
While every case is slightly different, uncontested divorces in Colorado generally follow a predictable sequence of steps.
| Step | Stage | Description | Key Documents | Notes |
| 1 | Prepare Agreements | Spouses discuss and outline terms for property, parenting, and support | Draft Separation Agreement, Parenting Plan (if children) | Mediation or legal coaching can help finalize terms |
| 2 | File Petition (Joint or Individual) | Case is opened in the appropriate Colorado district court | Petition for Dissolution of Marriage, Case Information Sheet | Joint petition avoids formal service; individual filing requires service |
| 3 | Service or Waiver | If only one spouse filed, the other is served or signs a waiver of service | Summons, Waiver of Service | Starts key deadlines and the 91-day waiting period |
| 4 | Financial Disclosures | Both spouses complete required financial forms and exchange documents | Sworn Financial Statement, supporting financial documents | Required even when spouses agree |
| 5 | Submit Final Agreements | Signed Separation Agreement and Parenting Plan (if applicable) are filed | Agreement forms and proposed decree | Court reviews to ensure terms are complete and lawful |
| 6 | Hearing or Paper Review | Court may hold a brief hearing or decide based on paperwork alone | — | Some courts waive personal appearance in uncontested cases; policies vary |
| 7 | Decree Entered | Judge signs the decree; orders become final | Final Decree of Dissolution, support orders | Parties implement property transfers and parenting plan |
The key to keeping an uncontested divorce on track is completing each step thoroughly. Incomplete disclosures, missing signatures, or agreements that don’t address required issues can cause delays or require corrections before the court will finalize your case.
Required Forms and Documents for an Uncontested Divorce in Colorado
Colorado provides standardized forms for divorce proceedings, which are available through the Colorado Judicial Branch website and court self-help centers. While specific form numbers may change, the core documents for an uncontested divorce typically include:
- Petition for Dissolution of Marriage (or Joint Petition if filing together) — This document formally opens your case and provides basic information about your marriage, any children, and what you’re asking the court to decide.
- Case Information Sheet — Required in most districts to provide the court with administrative information about your case.
- Summons and Waiver of Service (if applicable) — If one spouse files individually, the other must be served or sign a waiver acknowledging receipt of the petition.
- Sworn Financial Statement — Both spouses must complete this form disclosing income, expenses, assets, and debts. Supporting documents such as tax returns, pay stubs, and account statements are typically required as well.
- Separation Agreement — This document outlines how you and your spouse have agreed to divide property and debts, and addresses any spousal maintenance.
- Parenting Plan (if you have minor children) — A detailed plan covering parenting time schedules, decision-making responsibility, holidays, vacations, and communication between parents.
- Child Support Worksheet (if you have minor children) — Colorado uses a guideline formula for child support. This worksheet calculates the presumptive amount based on both parents’ incomes and parenting time.
- Proposed Decree of Dissolution of Marriage — The final order you’re asking the court to sign, incorporating your agreements.
For current forms and instructions specific to your county, consult the Colorado Judicial Branch self-help resources or your local court clerk’s office.
Timelines and Waiting Periods for Uncontested Divorce in Colorado
Colorado law requires a mandatory 91-day waiting period from the date of service (or from joint filing) before a divorce can be finalized. This waiting period applies to all divorces, regardless of whether they are contested or uncontested.
Typical timeline for an uncontested divorce in Colorado
- Day 1: Divorce is filed with the court
- Days 1–91: Mandatory waiting period (cannot be waived)
- After day 91: Divorce may be finalized once all paperwork is approved
- Most cases: Completed in 3–4 months total
What can delay the process
- Court schedules and caseloads vary by county
- Paperwork errors, missing information, or agreements that don’t meet legal requirements
- Complex finances that require additional negotiation or clarification
- Detailed or customized parenting plans that take longer to finalize
When disclosures are complete and documents are properly prepared, uncontested cases often move quickly once the 91-day waiting period ends.
The more thorough and organized you are with your paperwork, the smoother the process tends to go.
Uncontested Divorce When You Have Children in Colorado
Parents can absolutely pursue an uncontested divorce in Colorado, provided they can agree on arrangements for their children that meet the state’s legal standards.
To finalize an uncontested divorce with children, parents must agree on a detailed parenting plan. This plan should address the regular parenting time schedule (which parent the children are with on which days), how holidays, school breaks, and special occasions will be divided, decision-making responsibility for major areas like education, medical care, and religious upbringing, how parents will communicate about the children and handle future disagreements, and any provisions for travel, relocation, or other specific circumstances.
Parents must also address child support. Colorado uses a guideline formula based on both parents’ incomes, the number of overnights each parent has, and factors like health insurance and childcare costs. If parents agree to deviate from the guideline amount, they must explain the reasons and demonstrate that the arrangement still serves the children’s needs.
Even in an uncontested case, the court reviews parenting arrangements under the best-interests-of-the-child standard. A judge will not approve a parenting plan that appears harmful to the children, even if both parents agreed to it.
Some Colorado districts require parents to complete a parenting education class before the divorce can be finalized. Check your local court’s requirements early in the process.
Do You Need a Lawyer for an Uncontested Divorce in Colorado?
Colorado does not require spouses to have legal representation to file for divorce. Many people successfully complete uncontested divorces using the state’s self-help forms and resources, particularly in straightforward situations.
Even in an uncontested divorce, limited legal advice can be valuable when:
- The marital estate includes complex assets such as real estate, retirement accounts, stock options, or business interests
- There are significant income differences between spouses and maintenance (alimony) may be an issue
- You have questions about whether the proposed agreement is fair or fully understood
- Child-related issues involve special needs, possible relocation, or ongoing co-parenting challenges
In these situations, a professional review can help clarify options, reduce risk, and provide peace of mind before finalizing agreements.
Legal support for an uncontested divorce doesn’t have to mean full representation throughout the process. Options include a one-time consultation to review your agreements and answer questions, limited-scope representation where an attorney handles specific tasks like document preparation or a court appearance, and coaching services where you handle the paperwork yourself with professional guidance along the way.
The goal is to ensure that the agreements you reach today will serve you well in the years ahead.
Advantages and Potential Drawbacks of Uncontested Divorce
Understanding both the benefits and limitations of uncontested divorce helps you make an informed decision about whether this approach fits your situation.
Advantages
- Lower cost due to fewer attorney hours, no trial preparation, and minimal court appearances
- Faster process, often finalized shortly after the mandatory waiting period
- Greater control over outcomes, with spouses crafting their own agreements
- Reduced conflict and stress, especially beneficial when children and co-parenting are involved
Potential drawbacks
- Important details or long-term consequences may be overlooked
- One spouse may feel pressured to agree without fully understanding their rights
- Incomplete or inaccurate financial disclosure can undermine agreements
- Issues that seem minor now may become costly problems later
A successful uncontested divorce depends on informed decision-making, full financial transparency, and well-drafted agreements that account for foreseeable future circumstances.
Practical Tips to Keep an Uncontested Divorce on Track
A few practical strategies can help ensure your uncontested divorce proceeds smoothly.
- Get organized early. Gather financial documents before you begin—tax returns from recent years, bank and investment account statements, retirement account statements, mortgage documents, credit card statements, and records of income and expenses. Having this information readily available speeds up the disclosure process and helps you negotiate from a position of knowledge.
- Create a clear inventory. Make a list of all marital assets (property, vehicles, accounts, valuables) and debts (mortgages, loans, credit cards). Understanding the full picture of your marital estate helps ensure nothing gets overlooked in your agreements.
- Focus on long-term goals. It’s easy to get caught up in the emotions of the moment, but try to keep your focus on what matters for your future stability and your children’s well-being. Agreements made with long-term thinking tend to hold up better than those driven by short-term frustrations.
- Communicate constructively. Use written agendas for discussions with your spouse. Stick to the issues rather than relitigating past grievances. If direct communication is difficult, consider using a mediator to facilitate productive conversations.
- Use professional help strategically. Even if you’re handling most of the process yourselves, consider having an attorney review your final agreements before you submit them. A few hundred dollars for document review can prevent costly problems down the road.
- Double-check court requirements. Make sure your agreements address everything the court requires. Incomplete submissions delay the process. Use the court’s self-help resources and checklists to ensure you haven’t missed anything.
Frequently Asked Questions About Uncontested Divorce in Colorado
How do we know if our situation qualifies as an uncontested divorce in Colorado?
Your divorce can be uncontested if you and your spouse agree—or can reach agreement—on all major issues: property division, debt allocation, parenting arrangements (if you have children), child support, and any spousal maintenance. If there are no disputed matters requiring a judge to decide, your case qualifies as uncontested.
Can we file a joint petition for divorce in Colorado, and does that make the process faster?
Yes, Colorado allows spouses to file a joint petition when both agree to divorce and are ready to proceed together. Joint filing eliminates the need for formal service of process, which can simplify the early stages. However, the mandatory 91-day waiting period still applies, so the overall timeline is similar to an individual filing with cooperation.
What forms are required for an uncontested divorce, and where can we find them?
Core forms include the Petition for Dissolution of Marriage (or Joint Petition), Case Information Sheet, Sworn Financial Statements, Separation Agreement, Parenting Plan and Child Support Worksheet (if children are involved), and a proposed Decree. Official forms and instructions are available through the Colorado Judicial Branch website and local court self-help centers.
How long does an uncontested divorce usually take in Colorado from filing to final decree?
The minimum timeline is 91 days due to Colorado’s mandatory waiting period. If all paperwork is complete and agreements are in order, an uncontested divorce can often be finalized within three to five months. Delays can occur if documents need corrections or if court schedules are backed up.
Do we have to go to court in person for an uncontested divorce, or can the judge decide based on our paperwork?
Policies vary by judicial district. Some Colorado courts allow uncontested divorces to be finalized based on paperwork alone, without requiring either spouse to appear. Others may schedule a brief, informal hearing. Check with your local court to understand their specific requirements.
Is it safe to complete an uncontested divorce without a lawyer if we have children or a house together?
It’s legally permitted, and many couples do so successfully. However, when children or significant assets are involved, the stakes are higher. Mistakes in a parenting plan or property division can have long-lasting consequences. At a minimum, consider having an attorney review your agreements before finalizing them to ensure they’re complete, enforceable, and protect your interests.
Finding the Right Path Forward
An uncontested divorce can be an effective way to end a marriage when both spouses are willing to cooperate and can reach an agreement on the important issues. It offers the potential for a faster, less expensive, and less adversarial process—benefits that can be especially meaningful when children are involved.
At New Leaf Family, we help couples navigate uncontested divorce with clarity and confidence. Whether you need guidance drafting your agreements, help understanding Colorado’s requirements, or simply want a professional review of documents you’ve prepared yourselves, we tailor our support to fit your situation.
We believe that a thoughtful, well-informed approach to divorce sets the foundation for a more stable future—for you and for your family.
Ready to explore whether an uncontested divorce is right for you? Contact New Leaf Family today to book your free case evaluation. We’ll answer your questions, explain your options, and help you take the next step with confidence.
