Uncontested Divorce in Colorado

What Counts as Uncontested in Colorado

Colorado is a no-fault divorce state. The only legal ground is that the marriage is irretrievably broken, which simply means it cannot be repaired. Neither spouse has to prove the other did anything wrong. C.R.S. 14-10-106 sets out the basic requirements.

A divorce is truly uncontested only when you and your spouse agree on every issue the court must resolve. That means all of the following:

• Property and debt. Who keeps the house, the vehicles, the accounts, and who pays which debts.
• Maintenance. This is Colorado's term for spousal support, what many people call alimony. You must agree on whether it will be paid, how much, and for how long, or clearly waive it.
• Children, if you have them. Parental responsibilities, which covers both decision making and parenting time, plus child support calculated under Colorado's guidelines.

Two timing rules shape every case. First, at least one spouse must have been domiciled in Colorado, meaning living here with intent to stay, for at least 91 days before the petition is filed. Second, the court cannot enter the final decree until at least 91 days after the case begins, either by joint filing or by service on the other spouse. As of this writing, that 91 day waiting period means even a fully agreed divorce takes about three months from start to finish.

The Separation Agreement Is the Heart of the Case

An uncontested divorce runs on a written contract called a separation agreement. Under C.R.S. 14-10-112, spouses may resolve property division, debts, and maintenance by agreement, and the court is generally required to honor those financial terms. There is one important exception. The judge reviews the agreement and can reject it as unconscionable, a legal word for an agreement so one-sided that it is fundamentally unfair, after considering each spouse's economic circumstances.

Terms about children work differently. Provisions on parental responsibilities, parenting time, and child support are never binding on the court. The judge reviews them independently, because Colorado law protects children's interests even when the parents agree.

If the court finds an agreement unconscionable, it can ask the spouses to submit a revised version or enter its own orders instead. And once the agreement is approved and merged into the decree, the property terms are essentially locked in. Colorado law makes property division final in all but narrow circumstances, so a mistake in the agreement can follow you for years. That is why the drafting stage deserves real care, even in the friendliest case.

JDF Forms and the Court's Self-Help System

The Colorado Judicial Branch publishes free standardized court forms, known as JDF forms, along with instructions and flowcharts on its self-help website. For an agreed divorce, the packet usually includes:

• A petition for dissolution of marriage, which both spouses can sign together as co-petitioners.
• A case information sheet, and a summons if only one spouse files.
• A sworn financial statement (JDF 1111) from each spouse, listing income, expenses, assets, and debts under oath.
• A separation agreement (JDF 1115) covering property, debts, and maintenance.
• A parenting plan (JDF 1113) and child support worksheet when there are children.
• A proposed decree and supporting affidavits to finish the case.

Even in a fully agreed case, both spouses must exchange complete financial disclosures under Colorado Rule of Civil Procedure 16.2. Agreement does not excuse honesty about the numbers. One practical caution: the courts revise these forms regularly and form numbers can change, so always pull the current version from the Colorado Judicial Branch website rather than reusing an old copy.

Finishing by Affidavit, Without a Courtroom

Colorado lets many agreed cases end entirely on paper. Under C.R.S. 14-10-120.3, the court may enter the final decree based on a sworn affidavit instead of a hearing. The standard form is JDF 1018, the Affidavit for Decree Without Appearance. It confirms the court's jurisdiction, including the 91 day residency requirement, and is filed with the proposed decree and the signed separation agreement.

The affidavit route is most available when the spouses have no minor children together. When there are minor children, the statute generally allows a decree on affidavit only if both spouses are represented by counsel and have signed an agreement that fully addresses parental responsibilities and child support. Otherwise the court will typically require at least a brief hearing.

One more caveat. The court is never obligated to accept the affidavit. A judge can set a hearing on the court's own motion if anything in the paperwork raises questions. Clean, complete, internally consistent documents are what make the no-appearance finish possible.

Why Review by a Firm Still Matters

The self-help system is genuinely useful, and many couples start there. But Colorado courts hold self-represented parties to the same rules of procedure and evidence that apply to attorneys. The Colorado Supreme Court said so decades ago in Viles v. Scofield, and courts continue to apply that rule today. Filing without a lawyer does not earn a gentler standard, and the clerk's office is not allowed to give legal advice.

The places where agreed divorces most often go wrong are quiet ones:

• Retirement accounts. Dividing a 401(k) or pension usually requires a separate court order, often called a QDRO, to avoid taxes and penalties. The decree alone is not enough.
• Maintenance waivers. Giving up spousal support is very difficult to undo later. It should be a decision made with full information, not a box checked to finish faster.
• Vague parenting language. Loose terms like reasonable parenting time invite conflict. Specific schedules prevent it.
• Finality. Property division generally cannot be reopened after the decree, even when a mistake surfaces later.

We practice family law across Colorado, and reviewing or drafting a separation agreement is some of the highest-value work we do. A careful review before you sign costs far less than trying to fix a decree after it is final. If you would like a second set of eyes on your agreement before it becomes a court order, we are glad to provide one.