Colorado Divorce Law

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How does divorce law work in Colorado?

Colorado is a whole “no fault” state. Colorado has done away with the conventional bases of divorce, including adultery, desertion, habitual drunkenness and mental cruelty. A husband may be fooling around with another woman, a wife may be staying out all night but these facts will likely not even be mentioned in court.

Colorado did not do away with the “for cause” grounds for divorce because the legislature determined that no one is ever at fault in a divorce. Sometimes no one is to blame, occasionally both parties are responsible, and frequently one is more at fault compared to the other. But courts are not well suited to those types of determinations. On the other hand, the parties’ behaviour is often applicable to the problem of child custody.

The law requires the judge to go beyond the request of the person petitioning to find whether the union is, actually broken. In practice, if the couple wants a divorce, it will likely be given. Another does not, and if among the marriage partners desires a divorce, the judge may give them time to participate in marriage counseling. If the unwilling party continues to want out of the union, except for rare conditions, the divorce will be given.

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