As someone considering divorce in Colorado, you most likely have dozens of questions running through your mind. What exactly does it entail and how is this process carried out in the state? What does it take for the courts to grant a dissolution of marriage? Are there exceptions to the no-fault rule? These are only some of the things you’re yearning to know and should have at least a basic understanding of before proceeding with filing a divorce.
Like any other legal procedure, remember that marriage dissolution — as part of the Denver family law system — is complex and can be quite messy, especially when there are children and considerable assets involved.
Do you have a valid reason for divorcing your spouse?
Colorado is a no-fault state. Unlike in other states that follow the fault model, wherein people wanting a divorce to need to have “grounds for divorce,” you have to provide an evidence that you have an irretrievably broken marriage. This may take the form of irreconcilable differences, or if you strongly believe that the marriage no longer works. Note that while it may seem easier to get a divorce in The Centennial State because of this, it can still be difficult depending on your circumstances.
When do the courts take into consideration “faults”?
It comes as a surprise to many people that marital misconduct, such as adultery, moral failures, and bad behavior, don’t have a bearing on the granting of divorce in Colorado. In many cases, the courts don’t even care about these issues when it comes to dividing the property or deciding how much spousal support (alimony) to award.
Do note that there are exceptions to the rule, though. For instance, the court will factor in abusive behavior when deciding child custody matters or when one or both partners used their marital funds on a “third party” (in the case of adultery).
Filing for a divorce may seem complicated, but it can be done without the hassle. All you need is to have at least a basic knowledge about it and to hire the right people to work with.