Divorce is never an easy decision. It’s a deeply personal and often emotional process that can feel overwhelming. If you're a Colorado resident considering ending your marriage, one of the most common questions you might have is, "What are the grounds for divorce in Colorado?" Understanding the legal foundation for divorce in the state can help you approach this next chapter with clarity and confidence.
Colorado Is a "No-Fault" Divorce State
Unlike some states, which allow "fault" divorces based on accusations like infidelity or abandonment, Colorado takes a different approach. Colorado is a "no-fault" divorce state, which means the only legally recognized grounds for divorce are the "irretrievable breakdown of the marriage."
This means that to file for divorce in Colorado, you don’t need to prove misconduct or wrongdoing by your spouse. Instead, you simply must state that the marriage is beyond repair and that reconciliation isn’t possible. Even if only one spouse believes this is true, it’s sufficient for the court to grant the divorce.
The no-fault system is designed to minimize blame, conflict, and emotional distress during the legal process, allowing couples to focus on resolving practical matters like property division, child custody, and support.
What Does "Irretrievable Breakdown of the Marriage" Mean?
“Irretrievable breakdown” might sound like legal jargon, but it’s actually straightforward. It essentially means that at least one spouse believes the marriage cannot be salvaged, even with counseling or other efforts to repair the relationship.
The court generally accepts this declaration without requiring extensive proof. However, if one spouse contests the divorce or disagrees that the marriage is irretrievably broken, the court may hold a hearing to determine whether the marriage can be saved. If the court concludes that reconciliation isn’t possible, the divorce will proceed.
This approach reflects Colorado’s progressive view that individuals are best positioned to decide whether their marriage is viable.
Residency Requirements for Filing Divorce in Colorado
Before filing for divorce in Colorado, you’ll need to meet certain residency requirements. At least one spouse must have lived in the state for a minimum of 91 days before filing. Additionally, if the case involves children, the children must have lived in Colorado for at least 182 days (approximately six months) for the court to make decisions about custody.
These requirements ensure that Colorado courts have jurisdiction over the case and can effectively handle any family law matters related to the divorce.
What About Fault-Based Issues Like Cheating or Abuse?
Although Colorado doesn’t allow fault-based grounds for divorce, certain behaviors like infidelity, domestic abuse, or substance abuse may still impact specific aspects of the divorce proceedings.
For example:
- Child Custody: If one spouse has a history of domestic violence, substance abuse, or any behavior that could endanger the well-being of children, this can significantly influence the court’s decisions regarding custody and visitation.
- Asset Division: While Colorado follows an "equitable distribution" model for dividing property, fault-based issues like hiding assets or financial misconduct could affect the court's final division.
While these issues don’t qualify as grounds for divorce, they’re still relevant to ensure a fair resolution of certain disputes.
Does Legal Separation Follow the Same Grounds?
Yes, legal separation in Colorado also operates under the "no-fault" principle. Couples who choose legal separation instead of divorce must still demonstrate an irretrievable breakdown of the marriage to proceed.
Legal separation may appeal to couples who wish to live apart while staying legally married. This can be for personal reasons, religious beliefs, or even financial considerations, such as maintaining health insurance benefits.
How to File for Divorce in Colorado
Once you’re ready to begin the divorce process, these are the basic steps to follow:
- File a Petition for Dissolution of Marriage in the appropriate Colorado county court. This document outlines your intention to divorce and explains that the marriage has irretrievably broken down.
- Serve Divorce Papers to your spouse. Officially notifying the other party is a crucial step.
- Exchange Financial Disclosures. Both parties are required to provide detailed financial documentation to ensure transparency in issues like property division and support.
- Create a Settlement Agreement (if possible). Many couples work together to negotiate terms for property, custody, and support before going to court.
- Attend Court Hearings (if necessary). If you and your spouse can’t agree, the court will make the final decisions.
While these steps sound straightforward, every divorce is unique, and unexpected complexities can arise. Having knowledgeable legal guidance can make the process smoother and less stressful.
Call Colorado Springs Divorce Lawyers For Support
Divorce is never just a legal matter; it’s a life-changing event that impacts your emotional well-being, financial stability, and family dynamics. The no-fault divorce system in Colorado is designed to simplify the legal side, but it doesn’t mean the process will be free of challenges.
At Aviso Law, we understand the emotional weight of this decision and approach every case with compassion and professionalism. Whether you’re seeking guidance on filing, custody arrangements, or property division, we’re here to help you make informed, confident choices for you and your family.
If you’re a Colorado resident ready to take the first step in filing for divorce, contact us today at (719) 356-5552 to schedule a consultation. We’re here to support you every step of the way.