Colorado No Fault Divorce

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Divorce is called as "Dissolution of marriage" in the state of Colorado. In order to get a quick divorce one can opt for a no fault divorce. 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. As a result, no fault divorce is an appropriate example of a direct process that does not entail any strong legal formalities as other types of divorce. A no fault divorce is a process during that demands less time consumption and expenses . During a no fault divorce that commonly occurs in Colorado state, emphasize on fair distribution of assets and debts are highlighted instead of discussing the causes of divorce. One of the most significant point that is required to be considered is that either of two partners can easily file a no fault divorce on the grounds of "irretrievably broken", even if another partner is not in favor of divorce. However, before filing a no fault divorce in the state like Colorado, you must be aware of all the essential criteria such as, residential requirements and many more. Therefore, here we are focused to provide detailed information regarding the overall procedure followed during no fault divorce in Colorado.

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 ninety days prior to the date of filing the divorce papers.

Grounds of Colorado No Fault Divorce

There is one 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: It is one of the crucial points considered while mentioning the grounds for a no fault divorce process. Such situation is only applicable during the case when there is no possibility to save the marriage from permanent failure. At the same time, spouses reach to a conclusion that their marriage cannot run smoothly.
• Irreconcilable differences: The irreconcilable differences is the condition where several marital issues exist between both the spouses that can never be resolved. As a result, divorce is the only option left for such couple to end their marriage legally.

Aspects of Colorado No Fault Divorce

• It has been observed that in this type of divorce, the divorcing couple usually tries to settle child custody issue outside of the court house. 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 or children's growth, then the matter of child custody is discussed in the court.

• The best interest of the child or children are never compromised while preparing final divorce decree by the court house.

• 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 go separate ways 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. Most importantly, 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. In such a case the other divorcing partner can file for divorce on fault based 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 the distribution of marital property.
  • 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.

While experiencing no fault divorce in states like Colorado, you need to fulfill some definite conditions in advance. However, it is to be noted that some of the marital issues that remain unresolved by the couple, can easily be decided through permanent orders hearing.

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