People preparing for divorce often have many questions about the process. They may wonder if they need to prove anything specific about the marriage to qualify for divorce. As a no-fault divorce state, Colorado does not recognize any fault-based grounds for divorce.
Instead, the state requires that the spouse filing the divorce petition attest that the marital relationship is irretrievably broken. Those considering divorce may question whether their circumstances meet the necessary standard. How can people determine whether a marriage is irretrievably broken or not?
One spouse’s opinion is the only proof needed
No-fault divorce filings are generally easier to pursue than fault-based divorces. Unlike fault-based divorce scenarios that require evidence, claims of irretrievable relationship breakdowns generally do not require concrete evidence. Spouses can’t photograph their emotions or objectively prove that their marital dynamic has become unhealthy.
A relationship becomes irretrievably broken when it is unrealistic to expect that the marital relationship may improve. Either spouse may ultimately make the decision that the relationship is beyond saving. Factors ranging from changing personal values to infidelity and domestic violence can lead to one spouse asserting an irretrievable breakdown of the marital relationship.
An agreement between the spouses isn’t necessary to establish an irretrievable breakdown of the marriage. Sometimes, the other spouse may dispute that claim. In such cases, family law judges can temporarily delay divorce proceedings.
However, so long as the spouse who files persists in their claim that the relationship has passed the point of no return, they can usually proceed with the divorce regardless of whether the other spouse agrees with their evaluation of the relationship. Even in cases where one spouse wants a divorce and the other does not, no proof is necessary to secure a divorce based on a claim of an irretrievable breakdown of the marital relationship.
Those anticipating conflict should they file for divorce may need help learning more about Colorado’s unique approach to the process. Even those without any compelling evidence can secure divorces based on claims of an irretrievable breakdown of their relationship.