A Practical Guide for Uncontested Divorce in Colorado Springs and the Pikes Peak Region
When both spouses agree the marriage is over - and agree on property, debts, parenting, and support - Colorado law offers a faster, less expensive path to a final decree. Courts and attorneys call this an uncontested divorce. In El Paso County and Teller County, it is one of the most common ways families in Colorado Springs, Fountain, Monument, Woodland Park, and Cripple Creek resolve a dissolution of marriage.
The Pikes Peak region adds its own wrinkles: a large military population tied to Fort Carson, Peterson Space Force Base, Schriever Space Force Base, and the Air Force Academy, plus a Fourth Judicial District court system with specific local procedures. This guide from Moran, Allen & Associates Family Law Attorneys covers:
- The governing statutes, required forms, and deadlines
- What actually happens at the local courthouse
- The mistakes that most often turn an "easy" divorce into a contested one
Table of Contents
- What Counts as an Uncontested Divorce in Colorado
- Colorado Law: Statutes, Forms, and Deadlines
- The Local Court Process in El Paso and Teller Counties
- Common Client Scenarios
- Risks and Mistakes to Avoid
- Frequently Asked Questions
- Talk With a Colorado Springs Divorce Attorney
What Counts as an Uncontested Divorce in Colorado
Colorado statutes do not use the phrase "uncontested divorce." Every divorce is a dissolution of marriage under the Uniform Dissolution of Marriage Act, granted on a single no-fault ground: the marriage is irretrievably broken, as provided in C.R.S. § 14-10-110.
What makes a case "uncontested" is agreement. The spouses resolve every issue and submit their agreement to the court instead of asking a judge to decide anything, including:
- Division of marital property and debts
- Spousal maintenance (alimony)
- Parenting time, decision-making, and child support, if there are children
An uncontested case can begin in either of two ways:
- Filing together as co-petitioners, which eliminates the need for formal service of process
- One spouse filing alone, with the other accepting or waiving service
Either way, agreement is what shortens the road. An uncontested case in the Pikes Peak region can often be finalized at or shortly after the mandatory 91-day waiting period - sometimes without either spouse ever standing in front of a judge.
Not every case belongs on this track. If you are unsure where yours falls, it helps to review how the process changes when spouses disagree, or to browse the firm's family law guide library for related topics.
Colorado Law: Statutes, Forms, and Deadlines
Residency and the 91-Day Waiting Period
Under C.R.S. § 14-10-106, two 91-day rules apply to every Colorado divorce:
- Residency: at least one spouse must have been domiciled in Colorado for the 91 days before filing.
- Waiting period: the decree cannot enter until at least 91 days after the court acquires jurisdiction over the responding spouse - the filing date for co-petitioners, or the date of service (or waiver) when one spouse files alone.
Even a fully agreed divorce therefore takes a minimum of about three months in Colorado.
The Separation Agreement
The heart of an uncontested divorce is the separation agreement authorized by C.R.S. § 14-10-112. The court must accept the spouses' written agreement on property, debts, and maintenance unless it finds the agreement unconscionable. Terms concerning children are always reviewed independently.
A complete agreement should account for:
- Equitable division of marital property under C.R.S. § 14-10-113
- Spousal maintenance measured against the advisory guidelines in C.R.S. § 14-10-114
- Child support calculated under the guidelines in C.R.S. § 14-10-115, where children are involved
Forms and Filing Fees
The Colorado Judicial Branch publishes standardized JDF forms used statewide. A typical uncontested case filed by co-petitioners in El Paso or Teller County involves:
- Case Information Sheet (JDF 1000)
- Petition for Divorce or Legal Separation (JDF 1101)
- Sworn Financial Statement (JDF 1111) with its Certificate of Compliance (JDF 1104)
- Separation Agreement (JDF 1115)
- Parenting Plan (JDF 1113), when there are children
- Proposed Decree (JDF 1116)
- Affidavit for Decree Without Appearance (JDF 1018), when the case qualifies to finish without a hearing
- Summons (JDF 1102) and proof or waiver of service, when only one spouse files
Under the Judicial Branch's current fee schedule:
- The filing fee for a dissolution petition is $260.
- A responding spouse who files a response pays $146.
- Spouses who cannot afford the fees may apply for a fee waiver.
Mandatory Financial Disclosures
Colorado Rule of Civil Procedure 16.2 requires both spouses to exchange sworn financial disclosures - income, assets, debts, and supporting documents - within 42 days after service of the petition (or after the joint filing). This deadline applies even when everything is agreed.
Disclosure is not optional paperwork. A decree built on incomplete financial information can be reopened, and courts may impose sanctions for noncompliance.
Finishing Without a Hearing: Decree Upon Affidavit
Colorado allows qualifying couples to receive their decree entirely on paper. Under C.R.S. § 14-10-120.3, the court may enter a decree upon affidavit - with no court appearance - when:
- There are no minor children and the wife is not pregnant, or
- There are minor children, but both spouses are represented by counsel and have submitted a complete parenting plan and support calculation.
This is one of the clearest practical advantages of both spouses having attorneys in an agreed case with children. It can be the difference between finishing by mail and appearing at the courthouse.
The Local Court Process in El Paso and Teller Counties
Divorces in Colorado Springs and the surrounding communities are filed in the District Court for the Fourth Judicial District, which serves both El Paso County and Teller County:
- El Paso County cases: El Paso County Combined Courts, 270 South Tejon Street, downtown Colorado Springs
- Teller County cases (including Woodland Park, Divide, Florissant, and Cripple Creek): Teller County Courthouse, 101 West Bennett Avenue, Cripple Creek
Under the El Paso County District Court's standing domestic relations case management order, expect the following:
- Every new case is set for an initial status conference within about 42 days of filing, usually conducted by a family court facilitator.
- Self-represented spouses who file a complete Affidavit for Decree Without Appearance package may be excused from the conference.
- When both spouses have attorneys, counsel may submit a stipulated case management plan instead of appearing.
- In cases involving children under 18, both parents must complete an approved Level 1 parenting class within roughly 42 days of filing and file the certificate of completion - even when the parents agree on everything.
Once the 91-day waiting period has run, the disclosures are on file, and the judge or magistrate has reviewed the separation agreement and any parenting plan, the court either enters the decree on the affidavit or sets a brief, largely procedural final hearing. For a step-by-step look at how these stages fit together, see the firm's guide to the Colorado divorce timeline.
Common Client Scenarios
A short marriage, no children, both spouses in agreement. A soldier stationed at Fort Carson and his spouse decided to end a three-year marriage involving an apartment lease, two vehicles, and separate bank accounts. Filing as co-petitioners with a signed separation agreement and the Affidavit for Decree Without Appearance, they received their decree shortly after day 91. Neither spouse ever appeared in court.
Parents who agree, with counsel on both sides. A Woodland Park couple with two school-age children negotiated a parenting plan through their attorneys, including a school-year schedule, holiday rotation, and a guideline child support calculation. Because both were represented, the court entered the decree upon affidavit without a final hearing.
Agreement on everything except retirement accounts. A couple married nineteen years agreed on the house, vehicles, and debts - but dividing a military pension and a civilian 401(k) requires specific decree language and, for the 401(k), a qualified domestic relations order. Their attorneys added the necessary provisions before filing, avoiding a post-decree dispute that could have cost far more than the divorce itself.
One spouse out of state. One spouse remained in Colorado Springs while the other moved out of state for work. Because the Colorado spouse had been domiciled here well over 91 days, the case could be filed in El Paso County. The out-of-state spouse signed a waiver of service and the agreement, and the case proceeded as uncontested despite the distance.
Risks and Mistakes to Avoid
The most expensive uncontested divorces are the ones that only looked uncontested. Watch for these recurring problems:
- Signing an agreement you don't fully understand. Maintenance waivers, in particular, are generally difficult to undo after the decree enters. The court's unconscionability review under C.R.S. § 14-10-112 is not a substitute for independent legal advice.
- Shortcutting the financial disclosures. An agreement based on hidden or misunderstood finances invites post-decree litigation and possible sanctions.
- Assuming you qualify for a decree without a hearing. In cases with minor children, C.R.S. § 14-10-120.3 requires both parties to be represented by counsel.
- Parenting plans that work on paper but collapse in practice. Plans often fail because they never address exchanges, travel, or how future disagreements will be resolved.
- Mishandling retirement assets. Pensions, Thrift Savings Plan accounts, and 401(k)s usually require precise decree language or a separate order to divide. Generic form language rarely suffices.
- Missing local deadlines. The initial status conference, the 42-day disclosure deadline, and the parenting class can each stall a case both spouses wanted to finish quickly.
Practical suggestions for keeping an agreed case on track are collected in the firm's Colorado divorce advice post.
Frequently Asked Questions
How Long Does an Uncontested Divorce Take in Colorado?
At least 91 days from the date the court acquires jurisdiction - the filing date for co-petitioners, or the date of service or waiver when one spouse files alone. Most well-prepared uncontested cases in El Paso and Teller Counties finish at or shortly after that mark. Incomplete paperwork or missed disclosures are the usual causes of delay.
Do We Have to Go to Court?
Not always. If there are no minor children and the wife is not pregnant - or if there are children and both spouses have attorneys - the court can enter the decree on the parties' affidavit under C.R.S. § 14-10-120.3. Otherwise, expect at least a brief final hearing, though agreed cases are typically short and procedural.
Can One Lawyer Represent Both of Us?
No. Colorado's ethics rules prohibit one attorney from representing both spouses in a divorce, because even amicable spouses have conflicting legal interests. One spouse may hire an attorney to draft the paperwork while the other reviews it independently - or hires separate counsel, which in cases with children also unlocks the decree-upon-affidavit option.
What Does It Cost to File?
The court's filing fee is currently $260 for the petition, and $146 if a responding spouse files a response. Co-petitioners filing jointly pay only the petition fee, and spouses who cannot afford the fee may request a waiver. Attorney fees vary with the complexity of the estate and whether children are involved.
We Agree on Everything Except One Issue. Is Our Divorce Still Uncontested?
Not yet - but it may be soon. A single unresolved issue, such as maintenance or a parenting schedule, makes the case contested as to that issue. Many couples resolve the last point through negotiation or a single mediation session, then proceed on the far less expensive uncontested track.
I'm Active-Duty Military Stationed in Colorado Springs but My Home of Record Is Another State. Can We File Here?
Possibly. The statute requires that at least one spouse be domiciled in Colorado for the 91 days before filing, and service members stationed here may be able to establish Colorado domicile - or their spouse may already satisfy the requirement. Military divorces also raise pension-division and federal-law issues, so it is worth reviewing the details of a divorce involving a military family with an attorney before filing.
What Happens if the Judge Thinks Our Agreement Is Unfair?
For property, debt, and maintenance terms, the court reviews the agreement for unconscionability under C.R.S. § 14-10-112 and can decline to approve terms it finds unconscionable. Terms involving children receive closer review: the court must find that the parenting plan and support provisions serve the children's best interests and comply with the child support guidelines, and it can order changes before entering the decree.
Talk With a Colorado Springs Divorce Attorney
If you and your spouse agree - or are close to agreeing - on the terms of your divorce, a consultation can confirm whether your case qualifies for the uncontested process, identify anything your agreement is missing, and map the exact filing steps for El Paso or Teller County. Moran, Allen & Associates meets with clients at two locations:
- 220 East Costilla Street, Colorado Springs - (719) 447-0762
- 300 Sunny Glen Court, Woodland Park - (719) 686-7554
Bring your questions, your financial information, and any draft agreement you have. We will give you a candid assessment of where your case stands and what it will take to finish it correctly.
This article is provided for general information about Colorado law and local court procedure. It is not legal advice, and reading it does not create an attorney-client relationship. Statutes, court fees, and local procedures change; consult an attorney about your specific situation.