Yes, Colorado is a no-fault divorce state, so you don’t have to prove that the other spouse is at fault for the divorce in order for you to get a divorce. Here is what you should know about Colorado’s no-fault divorce law.
What Does Colorado’s No-Fault Divorce Law Say?
Colorado’s divorce law, C.R.S. 14-10-106(1)(a)(II), states that a court must enter a decree of dissolution of marriage when it finds that the marriage is irretrievably broken, one of the parties has been domiciled in the state for 91 days before petitioning for divorce, and the court has acquired jurisdiction over the spouse who was served with the divorce papers.
This means that the spouse requesting a divorce does not have to prove that the other spouse did something wrong, such as act cruelly, commit adultery, or abandon them, in order to get a divorce. One of the spouses simply asserts that the marriage has been irretrievably broken to establish these grounds.
Can Marital Misconduct Affect a Colorado Divorce?
Colorado courts generally do not consider fault when granting a divorce. However, there are times when a spouse may have acted badly in a way that can impact various aspects of the divorce, such as:
- Division of marital assets – A spouse who has spent marital assets on an affair partner can be awarded a smaller division of assets. A spouse deemed to have committed domestic violence may lose the right to reside in the marital home.
- Child custody – A parent who has used drugs in front of their children or who committed domestic violence may have their parenting time or visitation restricted.
An experienced Boulder family law attorney from Stahly Mehrtens Miner LLC can meet with you to discuss how marital misconduct might affect your divorce and child custody case.
How a Divorce Lawyer Can Help
Even though you don’t have to prove fault in order to obtain a divorce in Colorado, that does not mean you won’t need a lawyer. Divorce is a complicated process that has many legal and financial implications. An experienced family lawyer can help with the following aspects of your divorce:
- Explaining Colorado family laws and how they affect your case
- Filing divorce paperwork that communicates the orders you want the court to make
- Determining your property rights
- Establishing residency requirements
- Ensuring your spouse is properly served with divorce paperwork
- Helping you complete financial affidavits
- Calculating a proper amount of child support for your case
- Advocating for or arguing against spousal support in your case
- Assisting with discovery requests and responses
- Negotiating for a fair division of your marital property
- Working out a parenting plan
- Representing you in mediation and legal proceedings
The divorce lawyers in Boulder at Stahly Mehrtens Miner LLC are successful leaders in family law. We are dedicated to helping you resolve your divorce in the most efficient way possible that safeguards your rights. You can request a no-obligation consultation by contacting us at (303) 797-2900.