Grounds for Divorce in Colorado
To file for divorce, also known as the dissolution of marriage, it is necessary for spouses to meet the residency requirements and have the legal grounds for divorce in Colorado.
To help you prepare for a divorce and understand the marriage dissolution laws, we have collected information on the most common reasons for divorce in the state. In addition, we will discuss the grounds for divorce in Colorado that are acceptable by law. You will learn more about the top reason for divorce and whether the state allows fault-based marriage dissolutions.
Understanding possible difficulties spouses are likely to face in the process of divorce, we decided to describe all the divorce steps in detail. In this article, you can find a brief overview of the process of divorce in Colorado, a package of documents required by the court, filing fees, approximate timelines, and specifics of an online divorce process. While every case is unique, this article can help you understand the basics of the Colorado process of divorce.
To figure out the possible complexities of dissolutionment of marriage, we have gathered crucial information on Colorado divorce laws. In this article, we aim to answer the most pressing questions about the steps to divorce in Colorado, the state eligibility requirements, grounds for uncontested dissolution of marriage, the way disputes are settled, and some other divorce laws in Colorado.
If you register on our platform and complete an online questionnaire, we will gladly help you with dissolution of marriage forms. For a moderate flat fee, you will get the full package of case-specific ready-to-file documents and comprehensive instructions on the filing process.
Legal Grounds for Divorce in Colorado
Legal grounds for divorce in Colorado are limited to only one reason, which is the irretrievable breakdown of marriage. It assumes that spouses cannot continue cohabitation, are incompatible, and cannot maintain their marital relationship.
To use this legal reason for divorce, neither party needs to prove in court that grounds for divorce are caused by fault, meaning the marriage was broken due to the actions or behavior of the other party. According to section 14-10-110 of the Colorado Revised Statutes, both spouses or one of them, provided that the other party does not object, need to state under oath that their marital relationship cannot be maintained. Other evidence is typically not required.
If one of the spouses denies the dissolution of marriage and claims that it can be saved, the judge may postpone the divorce matter for a minimum of 35 days and a maximum of 63 days so that the parties can reconsider the decision to terminate their marital relations and potentially reconcile.
If, during this time, reconciliation has not taken place, the court may grant a dissolution of marriage on the only legal grounds for divorce recognized within the state, an irretrievable breakdown.
Mixed Divorce State
Colorado is not a mixed divorce state; spouses can only apply for a no-fault divorce. It means you should not blame your spouse or provide evidence that their actions caused the dissolution of marriage. You cannot cite anything other than an irretrievable breakdown of your relationship as the reason for divorce.
Although Colorado grounds for divorce now include only one no-fault reason for ending marital relations, this was not always the case. Previously, though the most common reason for divorce was incompatibility, leading to the breakup of the relationship, spouses also had an opportunity to file for divorce on fault-based grounds, such as domestic violence, adultery, or abandonment. Now, fault-based grounds do not apply.
Even if the other party abuses alcohol or has an affair with another person, making the marriage intolerable, the irretrievable breakdown is the only legal reason for divorce that you can specify in the divorce petition. It, however, allows spouses to avoid long court proceedings, given the case is uncontested, as they do not need to prove the guilt of either party.
No-Fault Divorce in Colorado
The only way to officially terminate your marital relationship is to file for no-fault divorce in Colorado, citing irretrievable marriage breakdown as the reason for divorce. So, if you wonder, “Is Colorado a no-fault state for divorce?”, the answer is affirmative.
The absence of fault-based common reasons for divorce has its advantages and disadvantages. On the one hand, if you are, for example, a victim of abuse, you cannot get a divorce decree on this basis. On the other hand, if you file for a no-fault divorce in Colorado and your case is uncontested, you can get your marriage terminated faster and with less stress.
To get an uncontested divorce, you must agree with the other party on the child-related matters, spousal support, and assets distribution and conclude a marital settlement agreement. If you and your spouse can cooperate during the process, you can file a petition with the court as co-plaintiffs and obtain a divorce after the first court hearing or even without attending it, if applicable in your case.
Colorado no-fault divorce that is uncontested has many advantages:
- You can act independently without hiring a lawyer.
- You do not need to spend money on involving an attorney and should pay only mandatory court fees.
- You can use the online document preparation service to complete the paperwork required for your case without wasting time looking for the necessary forms on your own.
In addition, by submitting a joint petition for an uncontested, no-fault divorce, you will not have to serve the defendant and participate in numerous court battles. Your case can likely be finalized within 3-4 months.
Religious Reasons for Divorce in Colorado
Religious reasons for divorce in Colorado are not recognized by current legislation and cannot be used as grounds to dissolve a marriage.
If you are interested in “What are biblical grounds for divorce?”, these can be:
- adultery,
- abandonment,
- cruel behavior towards the spouse or children,
- crime commitment,
- fraud or duress, etc.
In other words, these are typical fault-based reasons for divorce. What are the grounds for divorce you can use if you are a religious person? Since Colorado law specifies only irretrievable breakdown of marriage as grounds for divorce, you cannot name any other biblical reason for divorce in your petition.
FAQ
The only main reason for divorce within the state is the fact that marital relations are irretrievably broken.
Adultery is not included in the list of grounds for divorce in Colorado since it is a no-fault state.
Disrespectful behavior, insults, or constant rudeness towards a spouse cannot be grounds for divorce in the state. However, spouses can apply for divorce due to irretrievable breakdown if such actions make further living together unbearable.
Couples cannot divorce based on voluntary abandonment, regardless of how long it lasts.
