When filing for divorce in Colorado there are two paths: an uncontested or a contested divorce.
If the couple agrees to the divorce it is known as an uncontested divorce. The parties agree to move forward with the divorce amicably. They still may have to sort out several issues such as child support, child custody, division of property and debt.
There are some cases where one of the parties does not agree, or declines to sign the uncontested divorce papers. In this case it will be known as a contested divorce. This affects how the initial documents are filed for divorce, and instead of filing for uncontested divorce it is now filed as a contested divorce.
An uncontested divorce is usually preferred over a contested one. The uncontested divorce agreements will have to be worked out by the parties. The items that need to be worked out can be done with the help of divorce lawyers, mediators or between the parties themselves.
It is rare for a judge to challenge the proposed agreements in uncontested divorce case. The potential problem in these cases is that couples may tend to rush through important decisions for the sole-purpose of finalizing the divorce process. It may not even be in their best interests. It is important for the couple to take time to ensure that the decision made is the best one for both of them.
In a contested divorce, the court will typically make the final decision at a Permanent Orders Hearing on decisions that the parties were not able to agree on. The hearing can involve evidence and testimony from experts such as psychologists and/or investigators. Ultimately the judge will make a ruling of permanent order.
Contested divorces can be costly and take a long time to finalize. Having a knowledgeable divorce attorney by your side will help you get the best outcome.