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Colorado Family Law

Myths about uncontested divorce in Colorado

There are so many horror stories about modern divorce that many couples who want to end their marriage are eager to avoid what they perceive as a dangerous or volatile process. In their desire to avoid embarrassment or conflict, many couples rush into processes like mediation or decide to file an uncontested divorce without really considering all of their options.

Court-based divorces have become the standard for a number of reasons, including the help of a neutral court system to resolve issues and more transparency with the financial outcome. Uncontested divorce has a number of shortfalls. The most common myths about uncontested divorce can make it seem a lot more attractive than it really is, particularly in high-asset divorce scenarios.

It doesn't always cost less to file uncontested divorces

Many people think that uncontested divorce is cheaper than litigated divorce. While it is true that uncontested divorce can lead to a faster resolution to divorce proceedings, which can thereby minimize your overall court costs and attorney fees, uncontested divorce can prove to be quite expensive.

That's because you may agree to terms that financially disadvantage you. Many people who agree to an uncontested divorce could find themselves getting taken advantage of by their ex or missing out on assets they could have otherwise shared.

Doing it without an attorney is still risky

Too many people also think that if they aren't litigating a divorce, then they don't need an attorney to navigate the process. That is a very dangerous mindset, as you will sign legally binding agreements that you may not fully understand without proper guidance.

Even if you believe it is possible for you and your ex to file an uncontested divorce, you still need to have an attorney look over everything and be present for all negotiations. You want to know that there is someone looking out for your best interest and also that every term you set complies with Colorado state law.

You don't have total control

Just because you get to set your own terms in an uncontested divorce doesn't mean you can set any terms. People sometimes try to use an uncontested divorce as a way to avoid child support obligations, for example. However, the courts will not allow one spouse to waive the obligation of the other, as the obligation is not to either parent but to the child.

Scenarios like this or other situations that involve violations of state law or disproportionately unequal outcomes could motivate the courts to set their own terms and ignore those that the couple presented to the court.

Going through the courts for a divorce can often benefit you, particularly if your family has complex assets. Talking to an attorney before you decide on the format for your divorce can help you make a more informed decision.

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McGuane & Hogan, P.C.
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Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
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Aspen, CO 81611

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