Uncontested vs Contested Divorce in Colorado: Choosing the Right Track for Your Case

When you file for divorce in Colorado, one of the most important decisions you'll make is whether to pursue an uncontested or contested divorce. This choice significantly impacts your timeline, costs, and the overall complexity of your case. Understanding the differences between these two tracks can help you make informed decisions and set realistic expectations. Learning how to save money on divorce can make a substantial difference in your financial outcome.

What Makes a Divorce Uncontested vs Contested in Colorado?

An uncontested divorce occurs when both spouses agree on all major issues without requiring court intervention. This includes reaching mutual agreements on property division, spousal maintenance (if applicable), and if you have children, child custody, parenting time, and child support arrangements.

A contested divorce means there are one or more significant disagreements that require court hearings, mediation, and potentially a trial to resolve. Even one unresolved issue—whether it's how to divide a retirement account or determining the parenting schedule—can make your divorce contested.

It's important to understand that divorces can shift between these categories. Many cases start as contested but become uncontested once parties reach agreements through negotiation or mediation. Conversely, what seems uncontested at filing can become contested if disagreements surface during the disclosure process.

How Long Does Each Type Take? Timeline Comparison

Colorado has a mandatory 91-day waiting period for all divorces, regardless of type. This "cooling-off period" starts from when the court gains jurisdiction over both parties (either through service of process or joint filing). No divorce in Colorado can finalize before this 91-day minimum, as required by C.R.S. 14-10-106(1)(a)(III).

Uncontested Divorce Timeline

An uncontested divorce typically takes 3 to 5 months from start to finish. The statutory 91-day minimum is the floor, but practical processing time extends the timeline. Here's what a typical uncontested timeline looks like:

• Day 0: File joint petition (JDF 1011) with Colorado District Court; pay $260 filing fee (see our complete filing checklist for all required forms)
• Within 42 days: Exchange mandatory financial disclosures and file Sworn Financial Statement (JDF 1111)
• Day 91+: File Affidavit for Decree Without Appearance (JDF 1018) with settlement documents
• 2-6 weeks later: Court reviews and enters final decree if paperwork is complete

Many uncontested divorces without children or complex assets can finalize closer to the 3-month mark. Cases involving children or more intricate finances may extend toward the 5-6 month range. For a complete breakdown of the divorce timeline from filing to decree, see our comprehensive Colorado divorce timeline guide.

Contested Divorce Timeline

Contested divorces typically take 6 to 12+ months, though complex cases involving business valuations, custody disputes, or high-conflict situations can extend to 18-24 months. The additional time comes from mandatory procedural steps:

• Initial Status Conference (ISC): Required within 42 days of filing to establish case management deadlines
• Discovery period: Additional financial disclosures, interrogatories, and document requests (months 2-5)
• Mandatory mediation: Most Colorado counties require mediation before scheduling a trial (month 4-6)
• Expert reports: If custody is disputed, Child and Family Investigator (CFI) evaluations can add 2-4 months
• Permanent Orders Hearing (trial): Court schedules half-day or full-day hearing; witness lists due 63 days beforehand

The Financial Difference: Cost Breakdown

The cost difference between uncontested and contested divorce in Colorado is substantial—often a factor of 10 or more.

Court Filing Fees (Both Types)

As of January 2025, Colorado's mandatory court fees are:

• Petition filing fee: $260 (applies to joint or single-party filing)
• Response fee: $146 (only if responding to single-party petition)
• E-filing platform: $12 per filing (optional)

Joint filers save the $146 response fee. Fee waivers are available for qualifying low-income individuals using form JDF 205.

Total Uncontested Divorce Costs

Uncontested divorces in Colorado typically range from $1,000 to $4,200 total for both parties combined. This includes:

• Court filing fees ($260-$406 depending on joint vs. single filing)
• Document preparation assistance ($500-$1,500 if using online services or limited-scope attorney)
• Parenting classes ($40-$75 per person, if children are involved)
• Notary and copying costs ($50-$100)

Many couples handle uncontested divorces themselves using Colorado's free court forms, keeping costs to just the filing fee plus minimal administrative expenses.

Total Contested Divorce Costs

Contested divorces in Colorado average $15,000 to $30,000 per person, though high-conflict cases can exceed $50,000 per spouse. Additional costs include:

• Attorney fees: $250-$500+ per hour; full representation often requires 40-100+ hours
• Mediation: $150-$400 per hour; typical session is 2-3 hours (reduced-fee ODR options available)
• Expert witnesses: Child and Family Investigator (CFI) fees $2,000-$5,000; business valuations $3,000-$10,000+
• Court reporter: $300-$600 per day for depositions or trial transcript
• Parenting classes: Required in all cases with children

Cost-Saving Tip: Even if your case starts contested, every issue you can resolve through negotiation or mediation reduces your overall costs. Each day of trial can cost $2,000-$4,000 in attorney fees alone. For a detailed breakdown of how different approaches affect your bottom line, see our guide on divorce battle or mediation cost.

Calculate Your Estimated Divorce Costs

Use our free calculator to get a personalized estimate of your Colorado divorce costs based on your specific situation:

Process Differences: What to Expect in Each Track

The Uncontested Process

Uncontested divorces in Colorado offer a streamlined process:

1. Joint filing: Both spouses file together as Co-Petitioners using form JDF 1011, eliminating the need for formal service of process
2. Automatic Temporary Injunction (ATI): Takes effect immediately, restricting major financial changes and protecting children
3. Financial disclosures: Within 42 days, exchange Mandatory Disclosure forms (JDF 1125) and file Sworn Financial Statement (JDF 1111) with the court
4. Settlement agreement: Submit Property and Financial Agreement (JDF 1115) and, if applicable, Parenting Plan (JDF 1113) and child support worksheets
5. Decree without appearance: After the 91-day waiting period, file JDF 1018 requesting the court finalize your divorce on paper without a hearing
6. Final decree: Court reviews documents and enters Decree of Dissolution (JDF 1116) within 2-6 weeks

The biggest advantage of uncontested divorce is that you typically don't need to appear in court at all. The entire process can be completed through paperwork.

The Contested Process

Contested divorces require significantly more steps:

1. Petition and service: One spouse (Petitioner) files and must formally serve the other spouse (Respondent) with summons
2. Response deadline: Respondent has 21 days (if served in Colorado) or 35 days (out of state) to file Response (JDF 1015)
3. Initial Status Conference: Required within 42 days; court or facilitator sets case management deadlines
4. Mandatory disclosures: Both parties must exchange comprehensive financial information within 42 days
5. Temporary orders hearing: If needed, parties can request interim orders for support, parenting time, or exclusive use of home
6. Discovery: Additional interrogatories, document requests, and potentially depositions
7. Mandatory mediation: Most counties require at least one mediation session before trial; exemptions available for domestic violence
8. Expert evaluations: Court may appoint CFI for custody disputes or appraisers for complex property
9. Pre-trial statement: File JDF 1129 listing witnesses, exhibits, and contested issues at least 63 days before trial
10. Permanent Orders Hearing (trial): Judge hears evidence and testimony, then issues binding orders on all disputed issues
11. Final decree: Court enters decree incorporating trial rulings

Requirements Both Types Share

Whether your divorce is uncontested or contested, Colorado law imposes several universal requirements:

• 91-day residency: At least one spouse must have been a Colorado resident for 91 days before filing
• No-fault grounds: Colorado only recognizes "irretrievably broken" marriage as grounds; fault-based grounds were abolished
• Mandatory financial disclosures: Both parties must exchange comprehensive financial information within 42 days under C.R.C.P. 16.2
• Automatic Temporary Injunction: Immediately restricts asset transfers, canceling insurance, removing children from state, and harassment
• Parenting education: Most judicial districts require court-approved parenting classes when children are involved
• Child residence requirement: Children must have lived in Colorado at least 182 days for custody jurisdiction

Which Path Is Right for Your Situation?

When Uncontested Makes Sense

Uncontested divorce works well when:

• Both spouses genuinely agree on property division, support, and parenting (if applicable)
• You have relatively straightforward finances without complex assets like businesses or stock options
• Both parties are willing to negotiate fairly and disclose all financial information honestly
• You want to minimize costs and emotional stress
• You can communicate effectively enough to complete paperwork together

When Contested Is Unavoidable

You may need to pursue a contested divorce when:

• Safety concerns exist: Domestic violence, child abuse, or threats make negotiation impossible or dangerous
• Financial dishonesty: You suspect hidden assets, undisclosed income, or financial fraud
• Custody disputes: Serious disagreements about parenting decisions, relocation, or parenting time allocation
• Business valuations needed: Complex assets requiring expert appraisal and forensic accounting
• Fundamental disagreement: One spouse refuses to negotiate reasonably or makes unrealistic demands
• Power imbalance: One spouse dominated financial decisions and the other needs court protection

Important Consideration: Don't confuse "uncontested" with "unopposed to divorce." Even if your spouse doesn't want the divorce, you can still pursue an uncontested process if they're willing to negotiate the terms cooperatively. Similarly, agreeing to divorce doesn't automatically make the case uncontested if you disagree on how to divide assets or arrange custody.

Making Your Decision: Choose Wisely But Stay Flexible

The choice between uncontested and contested divorce in Colorado dramatically affects your timeline (3-5 months vs. 6-12+ months), costs ($1,000-$4,200 vs. $15,000-$30,000+), and emotional toll. Whenever possible, uncontested divorce offers significant advantages in speed, affordability, and reduced conflict.

However, don't compromise your financial security or children's wellbeing just to avoid a contested process. If genuine disagreements exist or you suspect dishonesty, pursuing a contested divorce with proper legal representation may be essential to protecting your interests. Many cases start contested but settle before trial once both parties understand their likely court outcomes.

Colorado's requirement for mediation in most contested cases provides an excellent opportunity to resolve disputes without the expense and stress of trial. Even if you start with contested positions, approaching mediation with genuine willingness to compromise can transform your case into an uncontested resolution.