Grounds for Divorce in Colorado
Colorado provides both no-fault and fault-based grounds for divorce, offering flexibility for couples based on their unique circumstances.
No-Fault Grounds for Divorce
Irretrievable Breakdown: The most common no-fault ground in Colorado, meaning that the marriage has broken down irretrievably and there is no possibility of reconciliation.
Fault-Based Grounds for Divorce
Colorado does not recognize specific fault-based grounds for divorce. The state only allows for no-fault divorces based on the irretrievable breakdown of the marriage.
Key Points
Irretrievable Breakdown as a Common Ground: All divorces in Colorado are filed under this no-fault ground because it simplifies the process and avoids the need to prove fault.
Impact of Fault on Divorce Proceedings: While Colorado does not recognize fault-based grounds for divorce, marital misconduct may still be considered by the court in determining property division and spousal support.
Residency Requirements: To file for divorce in Colorado, either spouse must meet the state’s residency requirements, which include living in the state for at least 91 days before filing.
Conclusion
Understanding the grounds for divorce in Colorado is crucial for anyone considering ending their marriage in the state. Since Colorado only allows no-fault divorces based on irretrievable breakdown, the process is simplified compared to states with fault-based grounds.
However, marital misconduct can still influence the court’s decisions on property division and spousal support. Consulting with a legal professional can provide guidance tailored to an individual's specific situation.