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The grounds for divorce in Colorado

In Colorado, there are several things you need to know about getting a divorce. Do you know what the grounds for your divorce are? How does the court distribute assets? These are a few questions easily answered by the state’s information.

Colorado is known as a no fault state. That means that neither party has to be at fault for a divorce to go through. The only factual finding that needs to be made by the judge is that the marriage is irretrievably broken. In Colorado, the traditional reasons for divorce, which included adultery, abandonment, cruelty and habitual drunkenness, have now been done away with. Now, the only questions a court may be interested in are who should get which assets and what will happen to the children involved in the divorce.

Interestingly, divorces don’t have to be granted by the judge if he doesn’t find the marriage irretrievably broken. How can that happen? Imagine if you apply for a divorce, but your other half decides to fight for your marriage. He claims that the marriage can be fixed. Now, the judge must make a determination on whether or not a divorce should be granted. The judge may instead opt to give you time for marriage counseling, which could prolong the marriage or result in proof that you tried and failed to resolve your marriage’s problems.

Colorado views a marriage as a partnership, so assets are split with that in mind. The only time the reason for divorce really matters to the court is when a child’s custody order is being determined. Then, drinking, violence or other habits will be considered when deciding who obtains custody.

Source: United States Air Force Academy Legal Office, “Grounds for Divorce” accessed Jan. 21, 2015

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