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No Fault Divorce

Colorado No Fault Divorce

Colorado is a no fault divorce state.  In order to get a divorce in Colorado all that is required is that either spouse swear or testify that the marriage is irretrievably broken.  The other spouse does not have to agree and no showing of fault is required.

In order to file for divorce in Colorado, one of the parties must have been ‘domiciled’ in the state for at least 90 days.  Domiciled does not necessarily mean physically present.  A party can be absent from Colorado (such as away on temporary work) and still be domiciled.  The subjective intent to reside in Colorado is the key.

How Long Does No Fault Divorce Take?

Colorado has a 91 day ‘cooling off’ period after a divorce is filed before a decree of dissolution (divorce decree) can enter.  So even if you file a fully non-contested case with all parties in agreement, the divorce cannot be finalized for 91 days.  As a practical matter, even partially contested divorces usually take 6 to 9 months to finalize so the 91 day cooling off period is not a factor.

The law in Colorado specifically excludes marital misconduct (or fault) as a factor that can be considered when dividing property or awarding spousal support.   Only rarely is marital misconduct considered when determining custody (if the conduct can be viewed as directly affecting the best interests of the children).

Divorce cases in Colorado are heard by a judge and there is no right to a jury.     Parties have a right to represent themselves in a divorce case if they choose.  Divorce cases are civil in nature and there is no right to have an attorney appointed at state expense if you cannot afford one.

If you have questions about the nature of a no fault divorce in Colorado, please call and schedule consultation regarding your case.  (303) 355-1141

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