Some states still require grounds for a divorce.
For example, a couple might need to show proof of severe and repeated mental or physical cruelty, abandonment, or adultery in order to be granted a divorce in some states. This is not the case in Colorado though, a no-fault state. The state no longer requires grounds to receive a divorce.
According to our divorce lawyers in Summit County, the person seeking a divorce need only allege that the marriage of the parties is irretrievably broken. And there’s no need for both parties to agree – only one spouse needs to petition the court and express a desire to end the marriage.
Rationale behind No-Fault Divorce
No fault divorce makes it possible for someone to end a marriage in which he or she is no longer happy. It creates a cleaner path to divorce and it doesn’t require any proof of fault.
In fact, any evidence of wrongdoing by a respondent to divorce isn’t even permitted in court. This removes much of the blame that tends to arise during at fault divorce proceedings and it saves a considerable amount of time for both the divorcing couple and the court system.
Division of Property
Despite being able to divorce without grounds, it is still possible to hold a spouse responsible for “bad behavior” in a divorce. In creating no fault divorce laws, Colorado’s legislature never intended for a judge to ignore problems in a marriage.
During the division of property and custody determinations, testimony is still permitted. This means either spouse can give evidence of child abuse or neglect or any other issue that could affect the ultimate settlement agreement in a divorce.
No fault divorce has shown benefits for divorcing couples in Colorado. It saves money and might create less animosity during the divorce proceedings.
To speak with a divorce lawyer in Summit County about a no fault divorce and how it might impact the division of property in your case, call us or use our easy contact form to arrange for a free consultation. We’ll be pleased to discuss the specifics of your case with you.
