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When a marriage no longer works, and both parties feel it's time to go their separate ways, divorce becomes a viable option. However, before filing for divorce, it’s important to understand the specific grounds for divorce in your state. In Colorado, like many other states, the laws governing divorce have evolved over the years to reflect the changing social and legal landscape.
Colorado is a "no-fault" divorce state, meaning that the reasons for the dissolution of marriage do not need to include allegations of wrongdoing, such as infidelity or abuse.
Understanding No-Fault Divorce
In Colorado, the only grounds required to file for divorce is that the marriage is "irretrievably broken." This means that the marriage can no longer function as a partnership, and there is no reasonable chance of reconciliation. The state doesn’t require you to provide specific reasons or details regarding what led to the breakdown of the marriage, making the divorce process more streamlined and less contentious than in states that require proof of fault-based grounds such as adultery or cruelty.
By allowing for no-fault divorces, Colorado aims to remove unnecessary blame and conflict from an already emotionally charged situation. This provision also helps keep personal matters private, as there is no need to present evidence of the marriage's failures in a public forum like a courtroom. No-fault divorce encourages couples to focus on reaching fair agreements regarding property division, child custody, and support issues, rather than dwelling on the reasons for the separation.
Residency Requirements
While the grounds for divorce in Colorado are relatively straightforward, there are residency requirements that must be met before filing. At least one of the spouses must have lived in Colorado for at least 91 days before initiating divorce proceedings. This residency rule helps ensure that Colorado courts have jurisdiction over the divorce case. If you and your spouse meet this requirement, you can move forward with your divorce filing.
Divorce Process in Colorado
Once it is established that the marriage is irretrievably broken, the divorce process in Colorado can proceed. If both spouses agree on all major issues—such as property division, child custody, and support—then the divorce can move forward as uncontested. In these cases, the divorce may be finalized within 90 days.
If there are disputes regarding any aspect of the divorce, it becomes a contested divorce, which can take longer to resolve as it involves court hearings, mediation, or even a trial. Either way, the central legal principle guiding divorce in Colorado is the "irretrievable breakdown" of the marriage.
Fault Grounds No Longer Apply
It’s important to note that, in Colorado, traditional fault-based grounds for divorce, such as adultery, cruelty, or abandonment, no longer apply under state law. While these issues may still be emotionally significant, they do not impact the court’s decision on whether or not to grant a divorce. However, such factors might be considered when determining issues like child custody or spousal support, as they may reflect on one’s ability to parent or contribute financially.
Contact Our Experienced Denver Family Law Attorneys Today!
Navigating the divorce process in Colorado can be complex, especially if children or substantial assets are involved. Having a knowledgeable and experienced attorney on your side can help ensure that your rights are protected and that you receive fair treatment throughout the proceedings.
If you are considering divorce or have questions about the process, an experienced family law attorney like William “Bill” Thode can help you understand your options and guide you through each step with care and professionalism.
Call us today at (303) 225-3343 to learn more.