Colorado No Fault Divorce

Divorce is called as "Dissolution of marriage" in the state of Colorado. The no fault divorce laws are such that there is no need for one divorcing partner to furnish evidence regarding any wrongdoing of the other partner. Thus, none of the partners blame the other for the situation that has led to divorce.

Residency requirements of Colorado No Fault Divorce

As per the laws of this state, one of the divorcing partners must be residing in this state for minimum 90 days prior to the date of filing the divorce papers.

Grounds of Colorado No Fault Divorce

There is a singular ground for divorce as per the laws of this state and that is "irretrievable breakdown of marriage." Such a breakdown may have taken place due to one of the following reasons.

• Incompatibility of temperament
• Irreconcilable differences

Aspects of Colorado No Fault Divorce

• It has been observed that is this type of divorce, the divorcing couple usually settles child custody issues outside the court. So, there is no need of any contest within the court about this issue.

• If one divorcing partner is of the opinion that the presence of the other divorcing partner is harmful to the child(ren)’s growth, then the matter of child custody is discussed in the court

• The best interests of the child(ren) are never compromised while giving a ruling

• Alimony or Spousal Support is usually offered to the divorcing partner who is economically weaker than the other partner. The court looks at spousal support as a route to decrease the economical losses due to the divorce.

• The property attained by a divorcing partner prior to the marriage is not divided. It is retained by the divorcing partner who earned the property

• It has been a past experience that when a divorcing couple separates on no fault grounds, they have a more friendly approach about distribution of property. As per the law, there is an equitable distribution of property between the divorcing partners. Only the property that is gained during marital life is distributed.

• Consider a case in which one divorcing partner has been involved in some wrongdoing. Thus, the other divorcing partner can file for divorce on fault grounds. However, it has been noticed that in spite of such a condition, some divorcing partners opt for no fault divorces. They have their own personal reasons for this choice. For example, they may wish that their children should not become involved in court hearings.

• It is possible to obtain a divorce by affidavit of one or both divorcing partners in the following conditions
  • The dissolution of marriage papers have been served to the non-filing divorcing partner
  • There is absence of marital property or the divorcing partners agree with each other regarding how the marital property is to be divided
  • There are no issues between the divorcing partners that are in dispute
  • The wife is not pregnant and there are no minor children or both the divorcing partners are represented by lawyers and the divorcing partners have developed a separation agreement regarding child support and custody

Divorce Papers