If you and your spouse agree on child custody and property division, you should consider uncontested divorce. An uncontested divorce is where couples mutually agree about getting a divorce and the terms that come with the divorce, including the division of assets, child support, alimony and allocation of debts.
In such a divorce, the couples do not need the court to determine child custody, spousal support or determine how the assets will be divided. An uncontested divorce is less expensive and less complicated as it proceeds through the system more quickly.
Conditions for an uncontested divorce
Unlike a case where you have to appear in court for a hearing, this kind of divorce is granted once an affidavit is submitted, basically referred to as decree upon affidavit. Here are some conditions you’ll have to meet.
- You both have signed an agreement on the separation spelling out how you’ll divide the property or you have no property to divide.
- You both agree that the marriage is permanently broken.
- You have both agreed on child custody, support and visitation if you have small children or you do not have children and your wife is not pregnant.
Signing an agreement on separation is essential as it clearly stipulates how you want this property divided. A divorce lawyer or even a child support attorney in Colorado Springs (with limited capacity) can help you evaluate your agreement to ensure that it has met all the requirements.
Filing for an Uncontested Divorce
You’ll need to file for an uncontested divorce in the district court where either you or your spouse lives. The county district court clerk will give you a form affidavit, which you and your spouse can file either together or as an individual.
After the court receives your filed affidavit, the judge may decide to hold a hearing or grant the divorce without the two of you appearing in court. If a judge finds out that you’ve met all the requirements, he will issue a decree of dissolution of marriage, meaning that you and your spouse have been legally divorced.
If you have any concerns about an uncontested divorce, it’s best to speak to a divorce lawyer who will elaborate further on what the process entails.