Colorado is a no-fault divorce state. This law gives Colorado family courts the ability to legally dissolve a marriage without the need for one spouse to prove “cause” by listing wrongs committed against them by the other spouse. Under C.R.S. 14-10-106(1)(a)(II)., the law states:
“The district court shall enter a decree of dissolution of marriage or a decree of legal separation when: The court finds that one of the parties has been domiciled in this state for ninety-one days next preceding the commencement of the proceeding (and) the court finds that the marriage is irretrievably broken…”
Under Colorado’s no-fault divorce law, the only grounds for divorce accepted by the court is that at least one spouse finds the marriage “irretrievably broken.”
In the past, most states demanded that the spouse who filed for divorce present compelling evidence of grounds for the divorce, such as the other spouse’s adultery, cruelty, or abandonment. The other spouse could try to stop the divorce through a defense in court such as insanity, collusion, or condonation—showing that the other spouse has forgiven them before for the offense. In the outcome of a fault-based divorce, a judge had to find one spouse “guilty” and the other spouse “innocent.”
During the 1970s and ‘80s, most states left the requirement for proving fault for divorce behind in favor of no-fault divorce laws. A no-fault divorce reduces contention, provides better grounding for future communication and compromise when divorcing spouses share children, and facilitates a faster divorce process, often without the need for a trial when a divorce is uncontested.
Colorado became a no-fault divorce state in 1972. Since then, courts “keep it clean” and typically prohibit one spouse from listing the other’s misdeeds as evidence, except when it impacts child custody; for instance, in cases of domestic abuse, child abuse, child endangerment, or child neglect.
Under Colorado’s no-fault divorce laws, courts do not consider evidence of one spouse’s perceived marital misconduct to sway any decisions during the process of asset division; however, the court does consider evidence of economic fault. Once one spouse files a divorce petition and the other spouse is served with the divorce papers, an automatic limit or “freeze” is placed on their accounts to prevent one spouse from hiding or disposing of assets that might be divided under the state’s “fair and equitable” division of marital assets law. In this case, one spouse’s fault could be any of the following actions:
When one spouse suspects the other of economic fault or wrongdoing during the divorce process, they have the burden of showing evidence to prove the claim. A judge may adjust for one spouse’s intentional economic dissipation of marital assets by awarding a larger portion of the remaining assets to their spouse.
Many divorcing spouses in Colorado ask if they can use fault as a factor in obtaining an order for spousal support (alimony). Again, the court does not consider fault in this aspect of divorce under most circumstances. A spousal support order isn’t intended as a punishment for one spouse’s wrongdoing; for instance, a judge will not consider a cheating spouse as a reason to order that spouse to pay support.
The only exception to the no-fault rule a spouse may present in court for a spousal support dispute is evidence of domestic abuse. A judge is unlikely to award alimony to a spouse with a domestic violence arrest record even if they meet other criteria as a lower earner who needs time to become self-sufficient, or a spouse who puts their career on hold to care for the home and children or to support the other spouse.
A judge might also hear testimony on the impacts of domestic abuse on one spouse during a spousal support request if the other spouse’s abusive behavior made it difficult for the abuse victim to pursue a career or remain in the workforce, or if it left them with a permanent disability.
It’s important to recognize that a “no-fault” divorce is not the same as an uncontested divorce. A no-fault divorce means the judge does not consider the reasons for the breakup of the relationship beyond that the marriage is irretrievably broken and does not take individual behaviors into account when making decisions except for the few exceptions mentioned above.
A Colorado divorce may still be contested or uncontested when it comes to court. In an uncontested divorce, both spouses with the help of their attorneys are able to reach a mutually acceptable agreement on all aspects of their divorce, including the division of marital assets, child custody, child support under the state’s guidelines, and spousal support. An uncontested divorce does not require a trial. Instead, the Denver family law attorneys present the settlement agreement to the judge to sign into orders.
In a contested divorce, the spouses disagree on one or more divorce terms even after mediation attempts. During the hearing in a contested divorce, both parties present evidence and testimony supporting their position to the judge and the judge makes binding decisions after considering the evidence.
Divorce orders have a profound effect on divorced spouses and their families as they move forward from the divorce. It’s critical to make every effort to achieve the best possible divorce terms for all aspects of Colorado divorce, including child custody and the division of your assets. Call the experienced Denver divorce lawyers at Ciancio Ciancio Brown, P.C. to assertively safeguard your best interests and those of your family throughout the Colorado no-fault divorce process.
