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Uncontested and Contested Divorces

In Colorado, divorces are categorized primarily into two types: contested and uncontested.

A contested divorce arises when spouses are unable to agree on one or more issues related to the separation. These issues may include child custody, division of assets and debts, alimony, or any other related matters concerning the dissolution of marriage.


In such cases, the couple often depends on the legal system to resolve their disputes, which may involve court intervention. This process typically includes hearings, negotiations, and possibly a trial, where a judge makes decisions on the unresolved issues if mediation or negotiation fails.

Contested divorces generally take longer to conclude and are usually more costly due to legal fees, court expenses, and the extended time needed for resolution.


On the other hand, an uncontested divorce occurs when both spouses agree on all aspects of the divorce.


With no disagreements present, an uncontested divorce typically doesn't require court intervention. Instead, the couple can collaboratively draft a settlement agreement, with or without the assistance of their attorneys, and submit it to the court for approval once finalized.


Due to the absence of extensive court proceedings or legal disputes, uncontested divorces are generally quicker and more affordable than their contested counterparts.


When you hire Justin Tucker Law, we will evaluate your circumstances and help you identify which type of divorce is best for you. Keep in mind that a contested divorce can transition into an uncontested one if both parties are able to resolve their differences and reach an agreement through divorce mediation. An uncontested divorce can also transition into a contested if unforeseen circumstances arise that complicate matters. It is always best to have an experienced attorney on your side when divorcing.

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