Is Colorado a No Fault Divorce State?

November 17, 2021

 Fault Divorce State

If you or someone you know is pursuing a no-fault divorce in Colorado, you may have questions about the process and whether or not a no-fault divorce is for you. Our family law attorneys at Johnson Law Group are experienced in no-fault divorces and will passionately advocate for your needs and let you know what your legal options are when it comes to preparing for the dissolution of a marriage. Contact our office today for a free consultation - Phone (720) 463-4333 or Text-to-Chat (720) 730-4558.

What Is a No-Fault State?

A no-fault state allows a divorce without one party being at fault. It is very common for states to only allow a divorce where one party has done something wrong (for example, committed adultery) to be able to file for divorce. In a no-fault state, both parties simply have to agree to the ending of the marriage.

In any no-fault divorce proceeding, a court will not review any behavior by either party in determining the allocation of assets or financial matters. Everything will be split equitably between the two parties. Similarly, a court may not use any actions of either parent as a determination to make determinations when it comes to the allocation of parenting time or in any other decision as it relates to children who may be impacted. A court may take into consideration evidence that suggests someone has been a negative influence on any children, however. This could impact whether and how much a parent has rights to parental time with or access to the children. No fault divorce proceedings are generally considered to be fair to both parties as well as a less emotionally charged way to go about obtaining a divorce.

Is Colorado A No-Fault State?

Yes, Colorado is a no-fault divorce state. This means that no fault will be assigned to either party during divorce proceedings. To obtain a no-fault divorce in the state of Colorado, you must file a petition for dissolution.

In states that consider fault, the court proceedings can often exacerbate emotional wounds and impact relationships long-term for multiple family members. A no-fault divorce, where one party files for divorce and says that the marriage is irretrievably broken, is beneficial in many ways, including the following:

  • Typically takes less time than a divorce where fault is found.
  • Attorney’s fees are generally less as the time for the divorce to be finalized is shortened.
  • Less conflict with the other spouse which allows them to maintain relationships (if desired).

If you are considering pursuing a no-fault divorce in the state of Colorado, our experienced team at Johnson Law Group can explain what the process entails and can guide you through each step.

Do You Qualify for a No-Fault Divorce in Colorado?

To file for a no-fault divorce in the state of Colorado at least one spouse must have lived in Colorado for at least 91 days before the filing of the petition for dissolution. If you and your spouse have a child, then the child must live in the state for 182 days before filing the petition for dissolution. In addition, one or both spouses must claim that the marriage is irretrievably broken, and 90 days must pass from the date the other spouse was served before a divorce can be finalized.

How Is Alimony Affected in A No-Fault State?

Either party may request alimony as part of a divorce proceeding, including in the case of a no-fault divorce. Alimony is financial support that is paid from one spouse to another either during or after a divorce proceeding. A court will consider many factors when it comes to determining whether alimony should be awarded including:

  • The financial income generated by both parties to the divorce.
  • Whether one spouse relied heavily on the income of the other throughout the marriage.
  • Any property (including money, real property, or otherwise) that each party will receive as part of the divorce.
  • The need and request of the party asking for alimony.

You may notice that fault is not a factor when determining alimony in a no-fault state. This means that if one party seeks to punish the other by requesting alimony because of an action that the other spouse did (for example, in the case of adultery), then a court cannot use this fact or any behavior in determining how much and whether alimony should be allocated.

Do You Need A Divorce Settlement Agreement?

If you and your spouse have property together or minor children, then to file for divorce you will need to sign a divorce settlement agreement. A divorce settlement agreement will instruct how certain items are to be handled in the divorce process, even if you are filing for a no-fault divorce. The divorce settlement agreement may include:

  • How parenting time will be split among the parents and children.
  • Division of assets and debts, if applicable.
  • Any alimony or child support that will be paid from one party to another.
  • How pets will be cared for post-divorce.

In creating a divorce settlement agreement, you will want to ensure that no stone is left unturned and that you and your family are protected both throughout and after the divorce. Utilizing an attorney is highly recommended so that you have someone advocating on your behalf. In addition, an attorney can ensure every area of your life is contemplated before finalizing your divorce. They can also make sure that any documents are filed correctly depending on where you live as well as making sure that all-important issues and property that you own are contemplated throughout your divorce.

Contact Our Experienced Family Law Attorneys Today

Going through a divorce can be one of the most emotionally trying times in your life. Having an experienced family law attorney on your side can help protect your interests throughout the process. If you are considering filing for a no-fault divorce in Colorado, contact our team today. We will take the time to learn about you and your specific situation and advocate for your rights throughout your divorce proceedings and process. Reach out to our office today at (for more information - Phone (720) 463-4333 Text-to-Chat (720) 730-4558.

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Written by Family Law Attorney Myles S. Johnson
Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.
Our experience, dedication to Colorado families, and our success in each case we represent sets us apart from the competition. We are passionate about family and estate law. Our highly-qualified team will work tirelessly to achieve the best possible results in your case.


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