Can You Get Divorced in Colorado Without Going to Court?

The common image of divorce often involves adversarial courtroom proceedings overseen by a judge. Many couples seeking a more discreet resolution hope to avoid this traditional route. Fortunately, in some uncontested Colorado divorce cases, spouses may be able to finalize the case without a final hearing or trial. The case still goes through the court, and a judge must review and enter the final decree. 

Handling a divorce without going to court requires a high level of cooperation and a genuine willingness to compromise. When spouses agree to work together to untangle their finances and plan their future, they can use alternative methods to resolve many of the substantive issues outside of a courtroom setting.

Filing an Uncontested Divorce

When spouses agree on the major issues in a Colorado divorce, the case may be considered uncontested. These issues can include property division, debt division, maintenance, child support, parenting time, and decision-making responsibilities.

In an uncontested case, the spouses prepare written agreements and submit the required paperwork for court review. A judge or magistrate still reviews the case and enters the final decree.

Whether the parties can avoid a final hearing depends on the court handling the case. Practices can vary by judicial district, courthouse, or assigned judge or magistrate. Some uncontested cases may be finalized through paperwork alone, while others may still require a brief non-contested hearing.

When a decree without an appearance is allowed, the process generally involves:

• Filing the petition or joint petition
• Exchanging required financial disclosures
• Signing a Separation Agreement
• Filing a Parenting Plan if minor children are involved
• Submitting the Affidavit for Decree Without Appearance, currently listed as Form JDF 1018 by Colorado Judicial Branch

The affidavit is a request, not a guarantee. Even when spouses agree on every issue, the court may still require a brief hearing before final orders are entered.

Reaching a Full Agreement

An uncontested divorce only works if both individuals manage to reach a complete agreement on absolutely every detail of their separation. The court will not approve the final paperwork if there are still lingering arguments over who gets the family house or how to divide a shared retirement account.

Spouses must put all of their decisions into a formal written document called a Separation Agreement. This detailed contract tells the court exactly how the couple plans to divide their marital property, handle any shared credit card debts, and manage spousal support moving forward.

Divorcing With Minor Children

Divorce cases involving minor children have additional requirements because the court must review parenting arrangements and child support issues. In Colorado, the Affidavit for Decree without Appearance asks whether there are minor children and, if so, whether each party is represented by counsel. It also requires a filed Parenting Plan and a statement that the plan is in the best interests of the children.

Even when parents reach a complete agreement, whether a final hearing is required remains court-specific. Depending on the practices of the court, the assigned judge or magistrate, and the circumstances of the case, the court may be able to enter the decree without a hearing, or it may require the parties to appear briefly before final orders are entered.

Using Mediation to Find Solutions

Reaching a complete agreement on financial issues and parenting time is not always easy, which is why many couples turn to mediation for help. A neutral mediator steps in to guide the conversation, helping spouses find creative compromises without the overwhelming pressure of a traditional courtroom.

Mediation can provide a more private setting where families can negotiate Parenting Plans and Separation Agreements with their own needs in mind. By prioritizing practical resolutions over past grievances or blame, this approach allows spouses to settle securely and on their own terms.

Moving Forward on Their Own Terms

Choosing to settle a divorce outside of court offers families greater privacy and control. By working together to finalize the necessary documentation, each person can move into their new chapter with increased confidentiality and reduced stress.

A neutral dispute resolution professional can help facilitate conversations about unresolved issues. For families exploring ways to handle a separation without a trial, Gokli Dispute Resolution is ready to help. Inquiries and consultation requests can be made on the website here.