Is Colorado a No-Fault Divorce State? What You Need to Know

When a couple decides to divorce, it’s common for one or both parties to seek blame for the marriage's deterioration.  However, this often leads to a longer and more costly process. Fortunately, Colorado courts do not consider who caused the marriage to dissolve, as Colorado is one of the 17 no-fault divorce states. In this article, we’ll explain what a no-fault divorce is and the process for obtaining one.

Is Colorado a No-Fault State for Divorce Matters?

One of the first questions clients seeking a divorce ask us is, “Is Colorado a no-fault state in divorce matters?” Divorce laws can be complicated, so it’s no surprise this question comes up frequently. Yes, Colorado is a no-fault state. You do not need to prove harmful activities by your spouse to be granted a divorce; you simply need to claim irreconcilable differences. There are many exceptions to the law, and a caveat to this one is "marital waste."

Marital waste occurs when one spouse spends marital funds solely for his or her benefit while the couple's marriage is falling apart. For instance, marital waste can come in the form of gambling or spending money on an extramarital affair. A party claiming marital waste must prove economic fault in order for the court to adjust asset division accordingly.

Understanding No-Fault Divorces

In a no-fault divorce, misconduct in the marriage has almost no bearing on the outcome of the divorce unless it involves marital waste or if the conduct can be shown to directly impact a minor child. As a result, you can bypass the burden of proving that either party is responsible for the dissolution of the marriage. While the impulse to point fingers can be strong, avoiding this step can lead to a more respectful and quicker divorce, allowing everyone to focus on finding solutions.

What is a No-Fault Divorce?

In Colorado, a couple does not need to point to any specific misconduct or damaging activities to be granted a divorce. To be granted a no-fault divorce, all that must occur is for one party to assert that the marriage is “irretrievably broken.” Both parties don't need to agree that the marriage cannot be fixed — as long as one individual in the couple asserts this, the court can grant a divorce. If one party does not agree that the marriage is irretrievably broken, the resisting party can have a hearing on that issue, but the court will almost always agree it is broken if it is alleged by either party.

No-Fault Divorce vs. Fault Divorce

The circumstances leading up to a divorce are typically unpleasant and sometimes contentious. However, whether the court is concerned with the nature of those circumstances depends on whether you live in a no-fault or fault divorce state.

In a no-fault divorce state, the cause of the divorce does not impact the outcome, including the division of assets, debts, child custody, and other critical elements negotiated in a divorce settlement.  Again, the only exception to this is if one party can prove that the other party committed marital waste.

There are 17 no-fault divorce states, one of which is Colorado. In an at-fault state, for divorce to be granted, the individuals seeking a divorce have the option to show that the marriage failed due to harmful actions done by one party. This can lead to a more favorable outcome in the settlement for the “innocent” party.

Grounds for divorce vary between fault states but can include infidelity, abandonment, and inhumane treatment. Couples in at-fault states don’t have to prove that one person caused the marriage to fail. In other words, they have the option to seek a no-fault divorce. However, fault states differ from no-fault states in that the courts will consider harmful behaviors within the marriage when dividing up the estates and as it may impact the children. 

Colorado No-Fault State Divorce Guidelines

If you feel that your marriage is damaged beyond repair, you can proceed with filing for divorce. Below are the guidelines you’ll need to follow:

• Show 90 days of residency: You must show that at least one of the spouses resided in Colorado for a minimum of 90 days prior to filing.

• File the appropriate forms: Download the necessary forms from the Colorado Judicial Branch website and file them in court.

• Allow for a waiting period of 90 days: After submitting your forms and the Court having proper jurisdiction, you will wait at least 90 days until a judge grants you a divorce.

The petition for divorce forms can be complex and require in-depth, detailed information. It is always a good idea to seek the guidance of a legal professional when completing these forms to avoid mistakes and delays due to application errors.

What Does the Dissolution Process Look Like?

Once your divorce has been granted, you will begin working with your legal team and that of your spouse to dissolve the marriage. A significant portion of the dissolution involves the dividing of the estate, including assets and debts.

Colorado is an “equitable distribution” state, meaning the court will divide your assets and debts fairly, but not necessarily equally. While a 50/50 split can occur, it is not necessarily the default. In many cases, the individual with the higher income is responsible for a larger portion of the debts, because they are considered more able to pay them. Determining a “fair” distribution of debts and assets is complex, and usually a major point in contested cases. That is why it is important to work with an experienced legal team who can help you navigate the complexity of the process and who knows how to advocate for your rights in terms of assets and debts.

Dividing Assets and Debts

The first step in dissolving the estate will be establishing “marital” versus “separate” assets. Marital assets refer to any assets or debts acquired during the marriage. Separate assets refer to any assets or debts acquired before the marriage or any gifts or inheritance. Separate assets and debts are not considered to be marital property and, therefore, not considered for division during the divorce.

Any of the following are considered marital assets if acquired during the marriage:

• Property

• Retirement accounts

• Checking accounts

• Saving accounts

• Vehicles

• Increase in the value of a separate property asset during the marriage

• Any other property that has any value, including cryptocurrency, etc.

Any of the following are considered marital debts if acquired during the marriage:

• Credit card debt

• Student loans

• Personal loans

• Medical bills

• Mortgages

• Car loans

You might be surprised to learn that student loans aren’t considered “separate” debt, even if they are only in one individual’s name. However, the courts see education as something that benefits the marriage as a whole, so any student loans taken on during the marriage are often seen as “marital” debt.

It is also important to note that some assets come with a debt attached to them. For example, if the court awards one individual the house, but the house has a mortgage on it, that individual who acquires the property will be solely responsible for paying the mortgage after the divorce once the other spouse’s name is removed from the mortgage.

There are some exceptions to the rules, including:

• Reckless use of marital money. If one party can prove that the other handled marital assets recklessly for their sole purpose while the marriage was undergoing an irretrievable breakdown—such as for an affair or gambling—this might be considered in the division of assets. If such a case constitutes “marital waste,” the court will likely add the debt back for the other party to be responsible for. 

• Gifts and inheritances. Should one individual receive an inheritance or gift during the marriage, that asset is considered “separate” and is not part of the marital estate. However, the increase of the gift or inheritance during the marriage is considered to be marital.

• Child custody. In the event that domestic violence has occurred, the guilty party will likely lose their right to “equitable division” of custody or visitation rights. If the abuse occurred in front of the child, then the party who was abused will likely be able to obtain sole decision-making for major decisions including medical, education, religion, or extracurricular activities.

• Value appreciation. As stated above, the increase in a party’s separate property during the marriage is considered marital.

It’s easy to see how dividing up assets and debts fairly can quickly become complicated. What is considered “equitable” is highly subjective, which is why it’s important to have the guidance of a seasoned divorce attorney by your side to ensure your rights are upheld.

Get a Divorce Case Assessment With Us

If you are ready to file for divorce in the state of Colorado, you don’t need to show that anyone is to blame for the deterioration of your marriage. Even in a no-fault divorce state like Colorado, navigating the divorce process without legal guidance can lead to unfavorable outcomes. You only have one opportunity to ensure your marriage ends fairly, and the settlement you receive can significantly impact your life post-divorce.

Working with an experienced divorce attorney provides the best chance of a just outcome. Schedule a case assessment with one of our seasoned lawyers at Robinson & Henry today. We’ll advocate for you in court and guide you through the legal system every step of the way.