Is Colorado a No-Fault Divorce State?

Colorado is a no-fault divorce state. This means that if you want to file for a divorce, you do not need to prove that your spouse is at fault or did anything wrong to prove your separation is warranted. Rather, you can request a divorce based on an irretrievable breakdown of your marriage.

A Broomfield divorce attorney understand how challenging it is to separate from a spouse. They will explain what a no-fault divorce means and what to expect if you initiate this process. If you decide to proceed with a no-fault divorce, your lawyer guides you through the process and addresses your legal concerns at each stage.

What Is the Difference Between a No-Fault Divorce and an At-Fault Divorce?

If a divorce is no-fault, neither party admits to any wrongdoing that led to the dissolution of a marriage. Alternatively, the parties can cite irreconcilable differences as grounds for their separation.

With an at-fault divorce, one spouse commits an act that contributes to the end of their marriage. Common reasons a spouse will file for an at-fault divorce include:

• Adultery
• Abandonment
• Cruelty

No-fault and at-fault divorce proceedings can be complicated. You do not have to go through a divorce alone. A Broomfield family law attorney knows the ins and outs of Colorado’s divorce system. They safeguard your legal rights and best interests and make sure you understand all that the no-fault divorce process entails.

What Happens in a No-Fault Divorce?

In a no-fault divorce, you do not have to provide information about why you want to end the relationship with your spouse. At this point, the court may view your marriage as something that cannot be repaired. The court may also see that you and your spouse have no plans to reconcile.

The Colorado Judicial Branch provides instructions for a divorce or legal separation. To proceed with a no-fault divorce, you or your spouse must reside in Colorado for at least 91 days. If you have children, your kids must have lived in the state for a minimum of 182 days or since they were born.

Start your divorce by filing individually or jointly. A 91-day waiting period begins after a petition is filed before the court will act on a case. This window represents a “cooling off” period for the parties involved. It also gives the spouses time to work together to resolve any outstanding issues.

Issues to Resolve in a No-Fault Divorce

Division of assets, spousal maintenance, and child custody are three key issues that a couple will need to resolve relative to their no-fault divorce. Mediation could be used to resolve these issues and others.

With mediation, a neutral third party learns about the issues at stake. The mediator communicates and collaborates with the spouses and helps them come to terms on an agreement that works well for both parties.

If mediation is unsuccessful, the court will evaluate the issues at hand. It will resolve these issues before a divorce is finalized.

Why You Need Legal Help with a No-Fault Divorce

A no-fault divorce is emotionally draining. If you make a mistake during your divorce proceedings, you could suffer the consequences for the rest of your life.

Trust a divorce lawyer to help you with your no-fault divorce. With your attorney’s guidance and support, you can maintain your composure throughout this difficult process, resolve issues between you and your spouse, and take the next step forward in your life. Contact us today to get in touch with one of our experienced attorneys.