When you are facing the end of a marriage, the legal system can feel intimidating. You might worry about having to prove to a court why your relationship is over, picturing a painful process of assigning blame.
Fortunately, Colorado law takes a more compassionate approach. You only need one reason to file for divorce, and it has nothing to do with proving who was at fault.
What is Colorado’s “no-fault” approach?
Colorado is a no-fault state. This implies you do not need to blame your spouse for the end of the marriage. The only legal ground for divorce is the irretrievable breakdown of the marriage.
This legal phrase means that at least one spouse has decided the marriage cannot be repaired. If you believe there is no chance of reconciliation, you have met the state’s requirement to file for a dissolution of marriage.
Do I have to live here for a certain time?
Yes, you must meet residency requirements before a Colorado court can handle your case. There are two separate timeframes to know, one for the divorce itself and another for decisions involving children.
- To file for divorce, at least one spouse must have lived in Colorado for a minimum of 91 days before filing the case.
- For a court to make initial decisions about child custody, the child must have lived in Colorado for the six months prior to the case being filed. This establishes Colorado as the child’s “home state.”
Meeting these distinct requirements is a critical first step in any divorce proceeding involving a family.
Does it matter if my spouse cheated or was abusive?
While misconduct is not a legal ground for divorce, a spouse’s behavior can still affect the outcome. Courts will consider certain actions when making important decisions about your family’s future, such as:
- Parental responsibilities: The court’s primary focus is the children’s best interests. Any history of substance abuse, domestic violence or other behavior that could endanger a child will influence decisions about parenting time.
- Property division: If a spouse exhausted marital money or attempted to hide financial assets, a judge can adjust the division of property and debt to create a more equitable result.
These issues are separate from the reason for the divorce but are crucial for a fair resolution.
How does this help me move forward?
The no-fault system is designed to help you concentrate on building a stable future rather than arguing about past mistakes. This approach shifts the focus from blame to problem-solving, which is essential when children are involved.
Understanding these rules is the first step. To see how they apply to your unique circumstances, consider speaking with a family law attorney. Getting professional legal help can provide clarity and help you plan your next steps.