Do my husband and I have to appear in court if are filing for an uncontested divorce?

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Do my husband and I have to appear in court if are filing for an uncontested divorce?

My husband an I are both in the military but I am stationed overseas. Do we both need to show up for a court hearing in order to finalize our divorce? Also, we are filing for an uncontested divorce due to the fact that we do not have children and we are both in agreement of the divorce?

Asked on June 10, 2012 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of most states, if the marital dissolution proceedings are uncontested and the parties to the proceeding are cooperating with each other in the process, then there really is no need for the parties to appear in court personally.

I do suggest that you at least consult with an attorney about your dissolution.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that in Colorado, a basic (or uncontested) divorce may be handled without the need for a court appearance. Generally the court will look at the papers "on submission" by the parties.  I would have an attorney review the paperwork between you just to be sure.  An attorney can even submit the papers for you. Good luck.  And thank you both for your service to our country.


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