Divorce Guide

Divorce Guide

Colorado No Fault Divorce

In the state of Colorado, divorce is called as “dissolution of marriage” and courts grant divorce on the basis of no fault grounds. According to Colorado no fault divorce laws, a spouse need not blame the other or prove that the other spouse is at fault or has done a “wrongdoing” in order to get a divorce. If a spouse simply states that there are “irreconcilable” differences in opinion or “incompatibility in temperament” with the other spouse as a result of which the marriage has “irretrievably broken down”, then the courts in Colorado grant him/her divorce.

Residential requirements for no fault divorce

For getting a no fault divorce in Colorado, divorce laws require that either of the spouses must be in the state for a period of 90 days before filing for divorce.

Under the laws of no fault divorce in Colorado, divorce can be obtained from an affidavit by either or both of the spouses if there are no children in the marriage, or the wife is not pregnant at the time of filing the divorce and the marital property has been equitably distributed among the spouses with out any dispute.

Property division in Colorado no fault divorce

It is generally observed that spouses willing to divorce each other on no fault grounds are more amicable regarding property division. On the grounds of no fault divorce laws in Colorado, property is “equitably divided” among the spouses, where the marital property is divided among the spouses. The property that was acquired by a spouse before the marriage is not distributed among them. It would be retained by that spouse only.

Alimony in Colorado no fault divorce

Regarding the matter of divorce alimony or spousal support in the state of Colorado, alimony is provided to the spouse who is financially weaker than the other spouse. If a spouse is being divorced on the basis of “fault grounds’, then it is important to remember that alimony is not asked by that spouse or reduced as form of “punishment”. In fact, alimony is a means to reduce the financial impact of the divorce on the spouse. However, courts in Colorado consider the “cause of separation” to be a factor in deciding whether spousal support should be extended or not.

Child custody and Colorado no fault divorce

Child custody and visitation rights of the parents are based on the premise that the best interests of the child must not be compromised. In the cases of no fault grounds of divorce in Colorado, spouses often settle child custody issues outside the court instead of contesting for it. Child custody contesting may take place if a spouse feels that the presence of the other parent s detrimental to the growth of the child. In cases of “fault” grounds, where the other parent may have been involved in domestic violence or child abuse or child neglect, visitation rights may also be limited.

Choosing between no fault/fault grounds of divorce

It may be the case that a person wishes to have divorce on the grounds of no fault even if there is substantial “wrongdoing” on the part of the other spouse. The reasons may be personal such as the spouse does not wish to get the children involved in adversarial, messy court hearings. There are also instances where a spouse specifically files a case of divorce on the basis of “fault grounds” in order to have an edge over the other on child custody settlement or property division. Thus, choosing the grounds of divorce is important and this decision must be taken after discussing the pros and cons with a divorce attorney.

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