Spouses in Colorado typically only divorce due to claims of an irretrievable breakdown of the marriage. Colorado has essentially done away with fault-based divorces that require proof of specific grounds. Spouses don’t have to prove infidelity or abuse to divorce in Colorado. They only need to assert in court that their relationship has gone through an irretrievable breakdown that has made its continuation unhealthy or unsustainable.
Even those who know that Colorado only hears no-fault divorce cases may still feel anxious about making the decision to file the paperwork. Specifically, they may worry that their spouse could contest their claim that the relationship has gone past the point of no return.
What happens when spouses don’t agree on the state of the marriage or the need for a divorce?
Disputes can delay divorce proceedings
No-fault divorce could be as difficult to obtain as a fault-based divorce if the courts required that spouses prove their marriages are in a bad state. Thankfully, Colorado does not force people to remain in unhealthy marriages simply because their spouse disagrees with their claim that the relationship has gone through an irretrievable breakdown.
Instead, disputes about the necessity of divorce might result in a temporary delay in family court hearings. Typically, divorce takes a minimum of 91 days to complete in Colorado. Complications, like one spouse denying the breakdown of the marriage, could lead to a longer process.
A judge can delay divorce hearings for anywhere from 35 to 63 days if one spouse claims the marriage is not irretrievably broken. After that delay, even if there is still a disagreement, the spouse hoping to end the marriage can move forward with the divorce process.
They do not have to convince their spouse or the courts of any specific details to legally end the marriage based on claims of an irretrievable breakdown of the relationship. They may need support to respond in family court to disagreements about the details of the divorce process, including how the spouses divide their property and allocate parental rights and responsibilities.
Understanding what transpires during a Colorado divorce can help give those contemplating the process the confidence to move forward. No-fault divorces are accessible even to those who cannot prove that something has gone wrong in their marital relationship.