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Contested vs. Uncontested Divorce in Denver: What’s the Difference? Jul 16, 2025

Divorce Denver

Divorce is never easy, but the process can be very different depending on whether the divorce is contested or uncontested. If you’re considering divorce in Denver, understanding this distinction is essential. It not only affects how long the process takes but also the cost, complexity, and emotional toll. Whether you and your spouse agree on everything or can’t agree on much at all, knowing where your case stands can help you plan your next steps wisely.

A qualified Denver divorce lawyer can help you determine the best approach for your situation, but this guide will break down the key differences to help you get started.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all the key terms of the divorce. This includes:

  • Division of marital property and debts

  • Spousal support (alimony), if any

  • Child custody and parenting time (if applicable)

  • Child support arrangements

In other words, there is no need for a judge to decide any of the major issues. Both parties sign a Separation Agreement and, if there are children, a Parenting Plan, and those documents are submitted to the court.

Benefits of Uncontested Divorce

Uncontested divorces tend to be faster, less expensive, and less emotionally taxing. In Denver and throughout Colorado, they are often resolved in a matter of months rather than years.

Some key advantages include:

  • Lower legal costs: Since there’s less back-and-forth, attorney fees are typically lower.

  • Quicker resolution: With no need for a trial, the process can move quickly once documents are filed.

  • Less conflict: This can be especially important when children are involved.

  • More control: You and your spouse stay in control of the outcome rather than leaving decisions up to a judge.

Even in an uncontested divorce, it’s wise to consult a Denver divorce lawyer to make sure your rights are protected and your paperwork is accurate.

What Is a Contested Divorce?

A contested divorce happens when spouses cannot agree on one or more key issues. This could be anything from who gets the house to whether one party should receive spousal maintenance. In these cases, the court will step in and make decisions after hearing evidence from both sides.

Common reasons for a contested divorce include:

  • Disputes over property division

  • Disagreements about parenting time or decision-making

  • Allegations of hidden assets or financial misconduct

  • Conflict over alimony or support

The Process of a Contested Divorce in Denver

Contested divorces go through several steps:

  1. Filing and Service: One spouse files a petition for dissolution of marriage and serves the other spouse.

  2. Response: The other spouse files a response to the petition.

  3. Initial Status Conference (ISC): The court sets a timeline and may order mediation.

  4. Discovery: Both parties exchange financial information and evidence.

  5. Temporary Orders Hearing (if needed): The court can issue temporary orders on custody, support, or property while the case is pending.

  6. Mediation: Most Denver family courts require mediation before trial.

  7. Trial: If the parties still can't agree, the case goes to trial and the judge makes final decisions.

Contested divorces can take a year or more depending on the complexity of the issues and the level of cooperation (or lack thereof) between spouses.

How Colorado Law Treats Contested and Uncontested Divorce

Colorado is a no-fault divorce state, meaning you don’t need to prove wrongdoing like adultery or abuse to get a divorce. The only ground required is that the marriage is “irretrievably broken.” This applies whether the divorce is contested or uncontested.

Even if a divorce starts out contested, many cases settle before trial—often during mediation. Courts in Denver encourage settlement and may even require it in some cases.

Factors to Consider When Choosing Between Contested and Uncontested Divorce

Can You Communicate Effectively With Your Spouse?

If you can have respectful conversations and reach compromises, an uncontested divorce is likely a good fit. If conversations always escalate into arguments or if one party is controlling or abusive, a contested process may be necessary.

Are the Finances Straightforward?

When both spouses understand the finances and agree on how to divide them, uncontested divorce works well. But if there are concerns about hidden assets, unequal access to financial records, or complex holdings like businesses or multiple properties, the process may become contested.

Do You Have Children?

Parenting disagreements are a common reason divorces become contested. If you and your spouse can agree on a Parenting Plan that serves your children’s best interests, the court will generally approve it. If not, a judge will decide based on statutory factors related to the child’s wellbeing.

Why It Still Makes Sense to Hire a Denver Divorce Lawyer

Even in an uncontested case, having an experienced Denver divorce lawyer review your documents can prevent future problems. Many people make errors or overlook critical details in DIY divorce filings that lead to complications later—especially with financial or parenting matters.

In contested cases, legal representation is almost always necessary. Divorce trials involve formal rules of evidence, legal arguments, and strategic decision-making. An attorney can:

  • Represent your interests in mediation or trial

  • Ensure you receive your fair share of marital property

  • Advocate for your parenting rights

  • Help protect against false accusations or unfair demands

Your lawyer can also explain what to expect at each stage of the process and give you a realistic idea of likely outcomes.

The Bottom Line

The key difference between contested and uncontested divorce in Denver comes down to agreement. If you and your spouse are on the same page, you may be able to finalize your divorce quickly and affordably. If not, the court will intervene—and the process will take longer, cost more, and involve greater stress.

Whether your case is contested or not, the decisions you make now will affect your future. From property division to parenting schedules, it’s important to get things right the first time.

At Baker Law Group, PLLC, our Denver divorce lawyers help clients handle both simple and complex divorce matters with clarity and confidence. We’re here to protect your interests and guide you toward a solution that supports your goals.