Pure No-Fault State

Pure No-Fault State

Terminology

Pre-Divorce

Colorado

No-FaultPropertyMaintenance

Colorado is a no-fault state. The only ground for divorce is that the marriage is "irretrievably broken," and one spouse's misconduct likely will not change the outcome.

Under C.R.S. § 14-10-106 and § 14-10-110, the only legal ground for dissolution is that the marriage is "irretrievably broken" (meaning it's beyond repair). If one spouse says the marriage is irretrievably broken, that's generally enough for the court to proceed, even if the other spouse disagrees.

Generally, marital misconduct will not affect how property is divided or whether maintenance (alimony) is awarded. An affair, by itself, won't get one spouse a bigger share or punish the other. The exception is when conduct had a real financial effect (e.g. secretly spending marital money on an affair). Then it can be accounted for when dividing assets.

Links

Website

Location

Colorado

Colorado, USA