Uncontested Divorce: Why You Still Need Your Own Attorney
Many people going through a divorce manage to be amicable and agree on everything from dividing marital assets to parenting time. Being civil and willing to compromise can reduce your and your children’s stress. However, just because you and your spouse are able to meet halfway does not mean you should not get your own attorney. The uncontested divorce process is more difficult than many people think. What’s more, it’s important for you to have someone in your corner who is looking out for your best interests. That’s where a divorce attorney comes in.
In This Article
How Can a Divorce Attorney Help with My Uncontested Divorce?
Protect Your Future Interests
Avoid Parental Disputes
Prevent Costly Errors
How Long Does it Take to Get Divorced in Colorado?
Why Does a Colorado Divorce Take So Long?
Learn More About Hiring a Lawyer Uncontested Divorce
Our compassionate and assertive divorce attorneys will help you navigate your uncontested divorce. Call 303-688-0944 to begin your case assessment.
How Can a Divorce Attorney Help with My Uncontested Divorce?
Protect Your Future Interests
Individuals going through an amicable divorce make the mistake of assuming that there’s no need to have an attorney review their settlement paperwork. This can have serious unintended future consequences.
Take the marital home, for example. Let’s say your wife wants to keep the house because she does not want to uproot the children, but your wife is unable to buy out your share of the home all at once. You agree, for the time being, to co-own the house until the kids are older. And your wife agrees to take on the mortgage.
A lot can go wrong in this scenario. Your ex could stop making the house payments. You may want to buy another home, but you’re still tied to your old one.
It’s tough sometimes when you’re in the thick of things to always see clearly or think too far ahead. Your divorce attorney will counsel you on what your best options are now and how they’ll affect you down the road.
Avoid Parental Disputes
A parenting plan is a divorced parent’s safety net.
– any experienced family law attorney
Just because you and your ex agree about kid-related issues right now does not mean this will always be the case, though we hope it will be for your and your children’s sake.
With that said, a family law attorney can help you create a strong parenting plan to reduce the chances of future disputes.
How? Well, right now you may not see the need (or even think) to put in writing at what age your child can get a cell phone, have social media accounts, or whether you’ll get the kids on your birthday.
If conflict erupts between you and your ex down the road, you will be able to turn to your court-approved parenting plan for clarity.
Prevent Costly Errors
In addition to helping you ensure all the necessary documents are exchanged and submitted on time, your attorney will review them for errors before they’re filed and entered with the court.
Forgetting to include an asset in your sworn financial statement can result in going back to court. You could end up losing that asset in the end and be on the hook for your ex’s attorney’s fees.
As you’ll read in the statute below, your ex has five years after the divorce is final to come after any asset that you left off or mischaracterized in your disclosure.
“As set forth in this section, it is the duty of parties to an action for decree of dissolution of marriage, legal separation, or invalidity of marriage, to provide full disclosure of all material assets and liabilities. If a disclosure contains a misstatement or omission materially affecting the division of assets or liabilities, any party may file and the court shall consider and rule on a motion seeking to reallocate assets and liabilities based on such a misstatement or omission, provided that the motion is filed within 5 years of the final decree or judgment.” C.R.C.P. 16.2 (10)
We should also mention that misrepresenting your assets on your sworn financial statement is, in effect, perjury. You could be fined and/or get jail time.
How Long Does it Take to Get Divorced in Colorado?
The soonest you can get a divorce in Colorado is 91 days. The clock begins to run either after spouses file a co-petition for divorce or a spouse is served divorce papers.
So, even if you are a party to an uncontested divorce, meaning you and your spouse agree on, say, parenting time and division of marital assets, you still have to wait at least 91 days to be issued a decree of dissolution.
Why Does a Colorado Divorce Take So Long?
Colorado has a 91-day statutory waiting period. During this time you complete and exchange with your spouse a mandatory disclosure form. It includes documents such as your sworn financial statement (as mentioned above), tax returns, and retirement accounts. You’ll also submit to the court your sworn financial statement, and if you have children, you’ll supply a child support worksheet.
“Parties to domestic relations cases owe each other and the court a duty of full and honest disclosure of all facts that materially affect their rights and interests and those of the children involved in the case. The court requires that, in the discharge of this duty, a party must affirmatively disclose all information that is material to the resolution of the case without awaiting inquiry from the other party.”
C.R.C.P. 16.2 (e)(1)
During the three-month waiting period, you and/or your attorney must attend an initial status conference hearing.
The court could also schedule what’s called a non-contested hearing which you and your soon-to-be ex-spouse attend to express your agreement to the divorce settlement. Courts often schedule this hearing if you and your spouse have children.
During a non-contested hearing, the court will announce its findings on whether the financial agreements are equitable and that the parenting time you agreed to is in the children’s best interest.
Uncontested Divorce Attorneys
As you can see, there is a lot at stake and a lot to accomplish in a short amount of time if you hope to have your divorce finalized in 91 days.
Trying to complete a divorce on your own, even one that’s uncontested, is often more complicated than you realize. Let our experienced divorce attorneys help you through the process and walk you through the steps. Call 303-688-0944 to begin your case assessment.
