No-Fault Divorce in Colorado: Frequently Asked Questions

Are you wondering how no-fault divorce works in Colorado and what it means for your divorce? Below, we provide answers to common questions, discuss the legal framework, and offer guidance on how to proceed.

1. Introduction: Understanding No-Fault Divorce

Colorado is a no-fault divorce state. This means that neither spouse needs to prove wrongdoing or “grounds” to end the marriage. Instead, the court only requires a statement that the marriage is “irretrievably broken” (see C.R.S. § 14-10-106). This policy is intended to streamline the divorce process and reduce unnecessary conflict.

2. What Is a No-Fault Divorce in Colorado?

A no-fault divorce allows spouses to divorce without proving specific reasons such as adultery, abuse, or abandonment. Instead, the divorce may proceed because the couple agrees their relationship cannot be salvaged. Key points include:

No requirement of proving fault: Colorado courts do not consider who is “to blame” for the breakdown of the marriage.
Irretrievably broken marriage: You must assert that the marriage is beyond repair.
Less emotional strain: This framework is intended to help reduce stress and contention between spouses.

3. How Does No-Fault Divorce Differ From Fault-Based Divorce?

In a fault-based divorce, one spouse typically must provide evidence of specific wrongdoing—like infidelity, cruelty, or desertion—that led to the breakdown of the marriage. Colorado eliminated fault-based divorces decades ago:

Simplicity: Under no-fault, the courts do not require detailed proof of misconduct, simplifying the legal process.
Unnecessary conflict is reduced: The focus shifts from blaming a spouse to resolving key issues such as property division, child custody, and spousal support.
Uniform approach: All divorces in Colorado proceed under the same grounds (irretrievably broken marriage).

4. Why Did Colorado Adopt No-Fault Divorce?

Colorado embraced no-fault divorce to modernize its family law system and minimize unnecessary conflicts in court proceedings. Some benefits include:

Reduced hostility: By removing the requirement to assign blame, the divorce process is supposed to be less adversarial.
More efficient process: Courts can focus on equitable asset division and the best interests of children (if applicable).
Reflects social changes: Lawmakers recognized that forcing parties to allege fault was outdated and often counterproductive.

5. Marital Fault vs. Economic Fault

Although Colorado is a no-fault divorce state, there is a critical distinction between marital fault and economic fault:

Marital fault: Personal misconduct during the marriage (e.g., infidelity, emotional neglect). Under Colorado law, marital fault generally does not affect property division or spousal maintenance (C.R.S. § 14-10-113).
Economic fault: Financial misconduct that harms the marital estate (e.g., dissipating assets, reckless spending). A judge may consider economic fault when dividing assets if one spouse’s actions depleted the marital property.

6. Exceptions to the No-Fault Rule

While Colorado does not allow fault-based divorce, economic fault can still play a role. If one spouse’s financial misconduct directly affects the marital estate, the court may:

Adjust asset division: A court could award a larger share of marital property to the spouse harmed by the financial misconduct.
Affect spousal support: In some instances, evidence of economic fault may factor into spousal maintenance decisions.

7. Filing for Divorce in Colorado: Fault-Based vs. No-Fault

Because Colorado only recognizes no-fault divorces, you cannot file based on grounds such as adultery or cruelty. However, you do have options if you suspect economic fault:

Gather financial records: Document any potential waste or misappropriation of marital funds.
Seek legal guidance: An experienced family law attorney can help prove economic fault and ensure a fair property division.
Maintain transparency: Keep open lines of communication about assets and expenses throughout the divorce process.

8. Contacting a Colorado Divorce Attorney

Understanding no-fault divorce in Colorado is crucial for navigating property division, child custody, and spousal support. At Griffiths Law PC, our experienced Denver divorce attorneys can guide you through these complex legal issues. We offer:

Personalized legal strategies: Every case is unique, and we tailor our approach to your specific needs.
Proven track record: Our attorneys have extensive experience handling high-asset and complex divorce matters.
Comprehensive representation: We focus on achieving the best possible outcome for you and your family.