What is a No-Fault Divorce in Colorado?

Navigating the complexities of a divorce can be overwhelming, particularly when understanding the legal framework unique to your state. Colorado stands apart as a no-fault divorce state, a designation that simplifies the divorce process for its residents. But what is that exactly, and what does it mean for you? Understanding what is a no-fault divorce is key to making informed decisions during this challenging time. At Hogan Omidi, P.C., we specialize in guiding Denver residents through family law matters, ensuring they’re informed and supported at every step.

What Does a No-Fault Divorce Mean?

As stated in Colorado Family Law and Practice, the Colorado Uniform Dissolution of Marriage Act transitioned the basis for divorce from fault-based grounds, such as cruelty, adultery, and desertion, to a no-fault system. The previous grounds have been eliminated and replaced by “irretrievable breakdown of the marriage relationship” as the sole ground for dissolving a marriage.

Key Features of No-Fault Divorce in Colorado

• No-Fault Required: Courts only need to hear that the marriage has broken down in the view of one of the partis, not the reasons for that breakdown
• Simplified Process: Conflicts over allegations of misconduct are eliminated.
• Privacy Maintained: Couples aren’t required to disclose private marital issues in court.

This structure can ease tensions during a difficult time, helping both parties focus on moving forward rather than dwelling on past conflicts.

Colorado Divorce Laws

According to Colorado Family Law and Practice, “irretrievable breakdown” is the sole ground for dissolving a marriage, and the fault is not a factor in the court’s decision to grant a dissolution decree. The court is mandated to issue property distribution orders without considering marital misconduct, ensuring fairness in asset division. Similarly, maintenance decisions are made without regard to any marital misconduct, and child support determinations are also required to be made without factoring in marital misconduct or the conduct of either spouse during the marriage.

Further,  Colorado Law guides the court’s role in addressing key aspects, such as:

• Parental Responsibilities: Decisions on child custody and support.
• Maintenance (Alimony): Determining financial support for the dependent spouse.
• Property Division: Equitably splitting marital assets and debts.

This legal structure ensures that while the divorce foundation is simplified, important matters are still carefully considered to safeguard all involved parties.

Exceptions to the No-Fault Rule

While Colorado’s divorce system operates under the no-fault model, certain limited  exceptions and circumstances can influence outcomes:

• Economic Fault: If a spouse has engaged in financial misconduct immediately prior to the divorce —such as hiding assets, recklessly spending marital funds, or depleting joint accounts—the court may consider this when dividing assets to ensure fairness. This does not call into question longstanding financial decisions that were made throughout the marriage.
• Immediate Safeguards: While no accusations of “fault” are required, situations involving domestic violence, financial exploitation, or threats to personal safety may prompt the court to implement protective measures, such as restraining orders or temporary financial support.

Although the law doesn’t focus on assigning blame, these exceptions provide a mechanism to ensure equitable outcomes in some cases where one spouse’s actions have unfairly impacted the other.

Difference Between No-Fault and Fault-Based Divorce

No-fault divorce simplifies legal proceedings by removing the need to prove misconduct, but how does it compare to the fault-based divorce model still used in a few other states?

Fault-Based Divorce

• Requirements: Fault-based divorces require one spouse to provide evidence of wrongdoing, such as cruelty, adultery, or abandonment, to justify the divorce.
• Defensive Responses: The accused spouse has the right to contest these allegations, which can lead to prolonged legal battles and higher emotional and financial costs.
• Implications: If the fault is proven, it can significantly impact the case outcome, potentially leading to an unequal division of property, higher alimony payments, or even affecting custody decisions. Fault-based divorces often carry more complexity and tension than no-fault alternatives.

No-Fault Divorce (Colorado Model)

• Requirements: Only the irretrievable breakdown of the marriage must be demonstrated, eliminating the need to prove fault or wrongdoing.
• Streamlined Approach: This approach reduces emotional conflict by focusing on resolution rather than blame, fostering a more constructive process for all parties involved.
• Court Goals: The court prioritizes equitable property division, fair financial arrangements, and the best interests of any children involved, ensuring a balanced outcome.

This no-fault framework reflects Colorado’s intent to modernize family law, emphasizing fairness, efficiency, and minimizing hostility. Removing fault-based accusations encourages cooperation, preserves dignity, and protects families from unnecessary legal battles while streamlining the path to resolution.

Contact a Colorado Divorce Lawyer Today

Hogan Omidi, P.C. provides expert, personalized support for every aspect of your divorce, from property division to child custody. Call 303-391-9600 today to schedule a consultation. Trust Denver’s family law experts to guide you forward with confidence.