March 19, 2010 - William L. Henry IV
In this article, Castle Rock divorce attorney Bill Henry discusses what the grounds are for divorce in Colorado. Divorce in Colorado is called "dissolution of marriage."
In Some states, the petitioner (the one who files for divorce) must plead fault. Colorado, however, is a no fault divorce state. Although adultery or another act by you or your spouse may be the reason that you are getting divorced, fault plays no part in the judge's decision about whether to grant a decree of dissolution of marriage.
The only grounds for divorce in Colorado is an "irretrievable breakdown" of the marital relations. Therefore, if you are filing for divorce in Colorado, your divorce lawyer will only plead irretrievable breakdown in the initial filings he or she makes with the court.
Because Colorado is a no fault divorce state, a Colorado court will not consider fault when making property distributions, awarding maintenance (alimony), or determining child support. Nevertheless, just because a judge will not consider fault when dissolving a marriage, does not mean that a spouse's conduct is always irrelevant. A spouse's conduct, such as adultery or other marital misconduct, may be relevant when determining specific issues. For example, a spouse's conduct may be relevant when issuing restraining orders, dividing property if a spouse has been financially irresponsible, or conduct that occurs in the presence of the children.
A divorce lawyer in Castle Rock from our firm can help you through the divorce process. Robinson & Henry's divorce attorney's maintains offices in Colorado Springs, Denver, and Castle Rock, CO. A divorce attorney is available to meet with you in person or over to the phone to discuss your situation. Please contact us for a free consultation at (303) 688-0944 or by clicking here.