Colorado No-Fault Divorce: Get the Facts
“Is Colorado a no fault divorce state?” That’s a question clients ask our attorneys from time to time. And the answer is, yes. Colorado is one of 17 no-fault divorce states where courts do not consider who caused the marriage to deteriorate. In this article, I’ll explain what a no-fault divorce is and the process for obtaining one.
Understanding No-Fault Divorce
No-fault divorce means you do not need to prove your spouse did anything wrong to get divorced; you simply need to claim your marriage is irretrievably broken, commonly referred to as irreconcilable differences. C.R.S. 14-10-106
Now, there is a caveat to a no-fault divorce, and that’s "marital waste" or economic fault.
Marital Waste and Economic Fault
Marital waste occurs when one spouse spends marital funds solely for his or her benefit while the couple's marriage is falling apart. For instance, gambling or spending money on any extramarital affairs can be considered marital waste.
The court can punish a spouse for marital waste by giving one party more of the marital assets. However, the spouse claiming marital waste must prove economic fault for the court to adjust asset division. C.R.S. 14-10-113
How to Get a No-Fault Divorce
To be granted a no-fault divorce, all that must occur is for one party to assert that the marriage is “irretrievably broken.” If one party does not agree that the marriage is irretrievably broken, the resisting party can have a hearing on that issue, but the court almost always agrees it is broken if it is alleged by either party.
Contested v. Uncontested Divorce in Colorado
While you don’t have to prove fault in Colorado, divorces can be contested or uncontested. The difference between contested and uncontested divorce lies in whether you and your spouse agree on the terms of your divorce settlement.
In an uncontested divorce, you and your spouse agree on all major issues—property division, spousal maintenance, child support, and custody. This approach is often faster and less stressful.
With a contested divorce, you and your spouse cannot agree on one or more key issues. In this instance, the court will intervene to make decisions on your behalf, which can lead to a longer process.
Colorado No-Fault State Divorce Guidelines
If you feel that your marriage is damaged beyond repair, you can proceed with filing for divorce. The steps to divorce in Colorado:
Residency Requirement
You must show that you or your spouse has resided in Colorado for a minimum of 90 days prior to filing.
File the Appropriate Forms
The Colorado Judicial Branch website has all the paperwork needed to file for divorce, but we strongly recommend seeking the guidance of a divorce lawyer to avoid mistakes and delays due to application errors.
Allow for a Waiting Period
Colorado has a mandatory “cooling-off period” before a judge can grant a divorce. You can expect to wait at least 91 days for your divorce to be final.
What Does the Dissolution Process Look Like?
A significant portion of the dissolution process involves dividing the marital estate, including assets and debts.
Don’t Expect a 50-50 Split
Colorado is an equitable distribution state, meaning the court will divide your assets and debts fairly, but not necessarily equally. While a 50/50 split can occur, it is not necessarily the default.
Colorado courts consider various factors when determining how to distribute assets and debts. For instance, a judge accounts for each spouse’s current financial resources and future earning potential when dividing debt. In some cases, the court may order the spouse with the higher income to take on a larger portion of the marital debt.
Determining a fair distribution of debts and assets is complex, and usually a major point of contention in contested divorces. That’s why it’s important to work with an experienced divorce lawyer who can help you obtain the best possible settlement.
Dividing Assets and Debts
The first step in dissolving the marital estate is establishing what’s marital and separate. Marital assets and debts are acquired during the marriage. Separate assets and debts can be anything acquired before the marriage, and in certain unique instances acquired during the marriage (inheritance and gift items). Separate assets and debts are not considered for division during the divorce, but can be considered in the overall division of the marital estate. The concept seems straightforward, but it can be quite complex, especially if each spouse held numerous assets and debts before the marriage, or the separate property assets represent a greater value than marital assets.
Marital assets can include:
Property
Retirement accounts
Checking accounts
Saving accounts
Vehicles
The increased value of separate property during the marriage
Any other property that has any value, including cryptocurrency, etc.
Marital debts can include:
Credit card debt
Student loans
Personal loans
Medical bills
Mortgages
Car loans
When Student Loans Become Shared Debt
You might be surprised to learn that student loans are considered marital debt, even if they are only in one individual’s name. The courts can see education as something that benefits the marriage as a whole, so any student loans taken on during the marriage could be considered by the Court to be “marital” debt.
Understanding Attached Liabilities
It is also important to note that some assets come with a debt attached to them. For example, if the court awards one individual the marital home, but it has a mortgage on it, the individual who acquires the property will be solely responsible for making those payments.
Note: Removing the other spouse’s name from the mortgage is not automatic and may require additional legal or financial steps.
There are some exceptions to the division of asset rules, including:
Reckless use of marital money. Sometimes called economic dissipation, recklessly spending marital funds during or leading up to the divorce can be considered when the assets are divided. The court can penalize a spouse for marital waste in a Colorado divorce.
Gifts and inheritances. Should one individual receive an inheritance or gift during the marriage, that asset is not considered part of the marital estate, unless devised as a gift to the marriage. However, the increased value of the gift or inheritance during the marriage is considered marital property.
Value appreciation. As stated above, the increase in a party’s separate property during the marriage is considered marital, including:
Real estate
Vehicles
Jewelry
Retirement accounts and pensions
Financial accounts and investments, like savings and stocks
Business interests
Trust assets
It’s easy to see how dividing assets and debts can quickly become complicated. What is considered “equitable” is highly subjective, which is why it’s important to have the guidance of a seasoned divorce attorney to ensure your rights are upheld.
Get a Divorce Case Assessment With Us
If you are ready to file for divorce in Colorado, you don’t need to show that anyone is to blame for the deterioration of your marriage. Navigating the divorce process without legal guidance can lead to unfavorable outcomes, even in a no-fault divorce state like Colorado. You only have one opportunity to ensure your marriage ends fairly, and the settlement you receive can significantly impact your life post-divorce.
Working with an experienced divorce attorney provides the best chance of a just outcome. Schedule a case assessment with one of our seasoned lawyers today. We’ll advocate for you in court and guide you through the legal system every step of the way.
Yes. Colorado allows no-fault divorce, meaning you don’t need to prove adultery, abuse, or other wrongdoing. The only requirement for divorce is that the marriage is irretrievably broken.
No. Only one spouse must state that the marriage cannot be saved for the court to grant the divorce.
It depends on where you currently live. If you wish to file for divorce in Colorado, at least you or your spouse must have lived in the state for 90 days before filing. Once the divorce petition is filed or served, there is a mandatory waiting period of 91 days before the court can finalize the divorce. These rules ensure the state has jurisdiction and give both spouses time to consider settlement options.
No. Even in a no-fault divorce, couples may need the court to resolve disputes over property, support, or parenting arrangements.
No. Colorado uses “equitable distribution” in divorce cases, which means property and debts are divided fairly, based on the circumstances. This is applicable even in no-fault divorce situations.
Fault generally does not impact property division, spousal support, or custody—unless it directly affects finances or the child’s welfare.
Marital waste occurs when one spouse recklessly or intentionally depletes marital assets for personal use, such as gambling, excessive spending, or hiding property. Courts may consider this when dividing property, provided it significantly affects the distribution of assets.
Typically, the spouse who files for divorce pays the initial court filing fee and the cost to serve papers, unless the other spouse agrees to accept service. Each person is generally responsible for their own attorney’s fee. However, a judge can order one spouse to help cover the other’s costs if there is a significant difference in income. Other expenses, such as mediation, evaluation experts, or appraisals, are often split between both parties or assigned by the court. If a spouse cannot afford the filing fee, they can ask the court for a fee waiver based on financial hardship.
