Colorado Is A No-Fault Divorce State

Colorado is a "no-fault" divorce state, which means that neither spouse needs to prove wrongdoing or assign blame to obtain a divorce. This approach simplifies the divorce process and focuses on resolving practical issues rather than litigating past grievances.

What Does No-Fault Mean?

In Colorado, the only ground for divorce is that the marriage is "irretrievably broken." This means:

• No Blame Required: You do not need to prove adultery, abuse, abandonment, or any other misconduct
• Mutual Agreement Not Required: One spouse can obtain a divorce even if the other does not want it
• Simple Standard: You only need to state that the marriage cannot be saved
• No Defense: The other spouse cannot prevent the divorce by claiming the marriage is not broken

How No-Fault Affects Your Case

The no-fault system has several important implications:

• Property Division: Fault generally does not affect how property is divided. Colorado courts divide marital property "equitably" (fairly) without regard to who caused the marriage to fail
• Spousal Maintenance: A spouse's misconduct typically does not impact maintenance decisions, which focus on financial need and ability to pay
• Child Custody: Custody decisions are based on the best interests of the child, not marital fault (though behavior affecting parenting may be considered)
• Simplified Process: Cases can proceed more quickly without lengthy litigation over fault

Limited Exceptions

While fault does not determine whether you can get divorced, certain behaviors may still be relevant in limited circumstances:

• Economic Misconduct: If one spouse dissipated (wasted) marital assets, this may affect property division
• Domestic Violence: Abuse can affect custody determinations and may result in protective orders
• Parenting Concerns: Behavior that affects a parent's ability to care for children may impact custody decisions

Benefits of No-Fault Divorce

The no-fault system offers several advantages:

• Reduces conflict and emotional stress
• Speeds up the divorce process
• Lowers legal costs
• Protects privacy by avoiding public airing of grievances
• Allows couples to focus on practical solutions
• Helps preserve co-parenting relationships

Starting the Process

To file for divorce in Colorado, you simply need to state in your petition that the marriage is irretrievably broken. If both spouses agree, or if one spouse has been living separate and apart for 180 days, the court will generally accept that the marriage is irretrievably broken without further inquiry.