Understanding No-Fault Divorce in Colorado: What It Means for You
- Leah S. Wolf
- 3 hours ago
- 2 min read
What Is a No-Fault Divorce?
Colorado is a no-fault divorce state. That means you don’t need to prove that your spouse did something wrong to end your marriage. Instead, the only legal ground for divorce in Colorado is that the marriage is “irretrievably broken.”
This approach reflects the belief that marriages can end for many reasons — not all of which involve blame or wrongdoing. A no-fault system helps reduce conflict and allows couples to focus on resolution rather than accusation.
What No-Fault Doesn’t Mean
While “no-fault” removes blame from the equation, it doesn’t mean everything is automatically equal or simple. The court still has to decide:
How to divide property and debts,
Whether to award spousal maintenance (alimony), and
What’s in the best interests of any children regarding custody and support.
Although personal misconduct (like adultery) isn’t considered, financial misconduct can affect the outcome. For example, if one spouse wasted marital assets, hid money, or recklessly depleted joint funds, the court may adjust the property division or support order to make things fair.
Residency and Filing Requirements
To file for divorce in Colorado, at least one spouse must have lived in the state for 91 days before filing. If children are involved, the court must also have jurisdiction under Colorado’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) — meaning the children have usually lived in Colorado for the last six months.
Once the petition is filed, Colorado requires a 91-day waiting period before the divorce can be finalized, even if both spouses agree to all terms.
Benefits of No-Fault Divorce
No-fault divorce offers several advantages:
Less conflict: You don’t have to prove bad behavior.
More privacy: The reasons behind your divorce aren’t publicly debated.
Faster resolution: Cases tend to move more efficiently when blame isn’t the focus.
Flexibility: Couples can focus on solutions — parenting plans, support agreements, and fair division — instead of accusations.
What to Expect During Your Divorce
At Wolf & Associates, we guide clients through every stage of the process:
Consultation: We provide a free consultation by phone or Zoom to evaluate your case and help you plan next steps.
Filing & Service: We prepare your petition and ensure proper service.
Financial Disclosures: Both spouses must exchange sworn financial statements.
Negotiation or Mediation: Many cases settle without court intervention.
Final Hearing or Decree: If everything is agreed upon, the judge can finalize your divorce after the 91-day period.
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Looking Ahead: The National Debate
While Colorado’s no-fault framework remains strong, some states across the country have seen political movements to limit or repeal no-fault divorce laws. For now, Colorado continues to support this model — emphasizing resolution, fairness, and the best interests of families.
Our firm stays ahead of these discussions to ensure clients understand how current and future laws may impact their cases.