Like every other state in the union, Colorado is a no-fault divorce state, which means the party asking for the divorce does not need to prove that their spouse did something to deserve it. As any Colorado Springs divorce lawyer will tell you, this can either be a good thing or a bad thing.
No fault divorce prevents a spouse from making false or exaggerated accusations about the other spouse’s behavior as a way to gain custody or marital assets. It also keeps couples from fighting out the terms of their divorce and assigning “fault” through protracted courtroom battles. However, it also prevents a spouse who is a victim of physical or emotional abuse from claiming a larger share of the marital property.
Often, when a couple comes to a disagreement over custody, property division or spousal support, one party will bring up behavior of the other to help influence the court’s decision. In many cases, adverse behavior such as gambling or substance abuse may affect the outcome of a custody order or property settlement, but couples should be prepared with lots of tangible evidence.
While the fault of one spouse may have an impact on the final custody order, it is not considered as “grounds for divorce.” The only acceptable grounds for divorce in Colorado are “irretrievable breakdown of the marriage”, which means the marital relationship can no longer continue because of discord and conflict in the marriage.
The party seeking a no-fault divorce in Colorado will need to file a Petition for Dissolution of Marriage with a Colorado family court. Before filing for divorce, spend some time interviewing Colorado Springs divorce lawyers, and make sure you are aware of your rights concerning property, custody and support.