Frequently Asked Questions about No-Fault Divorce in Colorado
Colorado is a no-fault divorce state, meaning that couples can obtain a divorce without proving any specific grounds for it. In this FAQ resource page, we will explore the concept of no-fault divorce, the difference between no-fault and fault-based divorce, and the distinction between marital and economic fault in Colorado divorce proceedings.
1. What is a no-fault divorce?
A no-fault divorce is a divorce where the parties are not required to prove any specific grounds or reasons for the dissolution of their marriage. In Colorado, a couple can get divorced simply by stating that their marriage is “irretrievably broken.” This approach to divorce has been in place in Colorado since the 1970s.
2. How does a no-fault divorce differ from a fault-based divorce?
In a fault-based divorce, the party seeking the divorce must prove specific grounds for the dissolution of the marriage, such as adultery, cruelty, abandonment, or mental illness. In a no-fault divorce, no such grounds are required to be proven, and the parties can obtain a divorce at any time and for any reason.
3. What is the reasoning behind Colorado’s no-fault divorce law?
The no-fault divorce law in Colorado was implemented to eliminate the need for couples to prove specific grounds for divorce, which were considered outdated by lawmakers. By allowing couples to divorce without proving fault, the process can be less contentious and emotionally draining.
4. What is the difference between marital fault and economic fault in Colorado divorce proceedings?
Marital fault refers to personal misconduct during the marriage, such as infidelity or other indiscretions. In Colorado, marital fault is generally not considered by the court when dividing marital assets. Economic fault, on the other hand, refers to behavior that financially harms the marital estate, such as spending money on extramarital affairs or engaging in reckless financial behavior. Economic fault may be considered by the court in determining the division of marital assets.
5. Are there any exceptions to the no-fault divorce rule in Colorado?
In general, Colorado courts adhere to the no-fault divorce rule. However, if one spouse engages in economic fault that financially harms the marital estate, the court may consider this when dividing assets and determining spousal support.
6. Can I still file for a fault-based divorce in Colorado?
No, Colorado has eliminated fault-based divorces, and couples can only file for a no-fault divorce. This means that you cannot file for divorce based on specific grounds such as adultery or cruelty.
Understanding the concept of no-fault divorce and its implications in Colorado is essential for couples considering divorce. With this information, you can better navigate the divorce process and make informed decisions about your options. If you have further questions or need legal advice, consult with an experienced family law attorney at Griffiths Law PC for guidance.