There are a lot of misconceptions about the divorce process. One of the key falsehoods that many people believe is that you have to prove that your spouse did something wrong in order to get divorced in Colorado. While this may be true in some states, Colorado is a “no-fault” divorce state.

In Colorado, courts will not consider who is to blame for the breakdown of a marriage. Instead, the parties must allege that their marriage is “irretrievably broken.” While going through a divorce can still be stressful and costly, the no-fault system typically leads to less contentious and less expensive divorces. Our Colorado Springs divorce attorneys can help you understand your rights and what to expect when you decide to end your marriage.

At Ascent Legal Group, we offer skilled legal representation to individuals across a range of Colorado family law matters, including divorce and legal separation. For each case, our goal is to provide strategic legal advice to help you make informed decisions and achieve the best possible outcome. For a free consultation with a Colorado Springs divorce lawyer, reach out to our law firm today.

Colorado: A No-Fault Divorce State

In the past, it was much more difficult to obtain a divorce in the United States. Typically, if divorce was permitted, you had to prove that your spouse did something wrong. This could include alleging infidelity, abandonment, or cruelty.

In 1969, California became the first state to introduce no-fault divorce. With a no-fault divorce, neither party has to allege that the other did something wrong in order to get divorced. Today, every state in the country offers a no-fault divorce option. A total of 17 states, including Colorado, offer no-fault divorce. 

In Colorado, the only grounds for divorce are that the marriage is irretrievably broken. In some states, this is referred to as irreconcilable differences. When you file for divorce in Colorado, you will have to allege that the marriage is broken beyond repair.

The no-fault divorce system is designed to streamline the divorce process and to minimize conflict to the extent possible. There are many potential benefits to no-fault divorce. This includes:

• Speed: Because the parties don’t have to gather evidence to prove wrongdoing (such as cheating), the divorce process is often faster.
• Reduced Cost: divorce litigation can be expensive. With fault divorce, each spouse may spend a significant amount of time and money trying to prove that their ex did something wrong. Each spouse may also spend a lot on lawyers’ fees to demonstrate that they didn’t do anything wrong. While no-fault divorces can still be expensive, they typically cost less than a fault-based divorce.
• Lower Conflict: Because the parties don’t have to engage in legal battles to prove fault, a no-fault divorce is often less contentious, comparatively.
• Uniformity: All divorces in Colorado are processed on the same grounds. This makes for a more consistent approach to divorce in the state.

No-fault divorces also allow people in abusive marriages to leave. Fault-based divorce often led to a victim of domestic violence feeling trapped in a marriage because it was much harder to get a divorce. With a no-fault divorce, a victim does not have to meet what may feel like an insurmountable burden of proving that their partner is abusive.

Of course, a no-fault divorce does not necessarily mean that a divorce will be easy, quick, or conflict-free. Even within the no-fault system, Colorado has the option of contested or uncontested divorces. An uncontested divorce can be completed relatively quickly, often with a minimal amount of stress, because the parties come to an agreement on things like property division, child custody, spousal support, and child support. 

A contested divorce can still result in extensive, time-consuming litigation. If the parties can’t agree on one or more issues in a divorce, they may even wind up in court. Our seasoned Colorado Springs divorce attorneys can work with you to help you develop a smart strategy for your divorce, whether you are getting a contested or uncontested divorce.

Does Misconduct Ever Come into Play in a Colorado Divorce?

In Colorado, you do not have to prove that your ex did something wrong to get divorced. That being said, marital misconduct may still be a factor in the divorce process.

First, financial misconduct can impact the division of assets in a Colorado divorce. All marital property and debts will be divided equitably during a divorce. When deciding what is fair, a Colorado court may take things like waste into account.

For example, consider a situation where one spouse cheats on the other. The court will not consider adultery when deciding whether or not to grant the divorce. However, if the cheating spouse spent a lot of the couple’s money on their affair partner, then that may be a factor when it comes to divvying up assets. If they bought their affair partner expensive jewelry or a new car, for example, a court will typically account for those expenses when considering what is fair when it comes to dividing marital assets. The cheating spouse may receive a smaller share of the marital property or may even be required to pay back some of the money that they spent.

Similarly, if one spouse engages in reckless spending, that could be factored into the property division aspect of the divorce. This does not necessarily have to be connected to an affair or anything else. It simply is a way of recognizing what is fair and just in dividing assets if one spouse is suddenly spending a lot of the couple’s money in a way that could be considered irresponsible based on their finances. 

Second, domestic violence and substance abuse may be considered in some aspects of the divorce. If one spouse has committed domestic violence against the other, then they may lose their right to reside in the marital home. This can affect property division.

These issues can also impact child custody. The paramount concern for the courts is the best interests of the child(ren). If one parent has engaged in domestic violence, then a court may limit their parenting time or order only supervised visitation. Along the same lines, if one parent is struggling with drug addiction or alcoholism in a way that affects the kids, then it may impact their right to both see their kids (parenting times) and make decisions about their kids’ lives (decision-making responsibility).

Ultimately, even though Colorado is a no-fault state, certain types of “bad behavior” can still affect a divorce. Our Colorado Springs divorce attorneys take these and other factors into account when helping our clients develop a plan for their divorce. We take a proactive approach so that our clients know what to expect and how to best achieve their goals in a divorce.

Contact Us Today for a Free Consultation with a Colorado Divorce Lawyer

Divorce is rarely easy or pain-free for the parties involved. The no-fault system is designed to make the divorce process more streamlined and less contentious, but you may still be under an enormous amount of stress when getting divorced. While we can’t guarantee that your divorce process will be smooth sailing, we will work hard to make sure that your rights are protected every step of the way.

With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group advocates for clients in divorce and other family law proceedings in Colorado. We understand that even a no-fault divorce can be difficult, which is why we always strive to provide compassionate, effective legal representation to protect your best interests.  Call our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado divorce lawyer.