Divorce is a deeply challenging and emotionally trying experience for everyone involved. But if you have reached the difficult decision of pursuing a divorce in the state of Colorado, it becomes imperative to familiarize yourself with the legal prerequisites that must be met in order to terminate a marriage. This comprehensive guide aims to provide an overview of the grounds for divorce in Colorado, encompassing residency requirements, fault-based grounds, and no-fault grounds.
Residency Requirements: Finding Your Grounds
Prior to initiating a divorce in Colorado, a spouse must comply with the residency requirements enforced by the state. In order to obtain a divorce, at least one of the spouses must have established residency in Colorado for a minimum of 91 days prior to filing the divorce petition. Furthermore, it is essential to file the divorce in the county where the petitioner has resided for a minimum of 91 days preceding the filing.
Exploring Fault-Based Grounds for Divorce: A Closer Look
Within the confines of Colorado law, it is possible to pursue a divorce based on fault. In such cases, the spouse filing for the divorce assumes the responsibility of substantiating the fault-based grounds, which must be proven to have led to the breakdown of the marriage, and subsequently, the presiding judge must concur with this determination.
Adultery: Damaging Trust and Intimacy
One of the most prevalent fault-based grounds for divorce in Colorado is adultery. This occurs when one spouse engages in sexual activity with a person other than their spouse without obtaining the other spouse’s consent. The betrayal of trust and violation of intimacy can often result in irreparable damage to the bond between spouses.
Desertion or Abandonment: Leaving Without Just Cause
Desertion or abandonment transpires when one spouse willingly leaves the marital home without any justifiable reason and without any intention of returning. This abandonment exposes the deserted spouse to emotional turmoil and instability, contributing to the breakdown of the marriage.
Physical or Emotional Abuse: Breaking the Bonds of Love
The infliction of physical or emotional abuse, whether directed towards the spouse or children, can serve as compelling grounds for divorce in Colorado. The presence of abusive behavior creates an intolerable environment, eroding the foundations of love, trust, and respect.
Imprisonment: Bars to Marriage
A spouse may seek a divorce on the grounds of imprisonment if the other spouse has been convicted of a felony offense resulting in incarceration. The inability to maintain a healthy marital relationship while one spouse is incarcerated can lead to irrevocable damage.
Substance Abuse: Shattered Lives
When one spouse suffers from a prolonged addiction to drugs or alcohol, which ultimately leads to the breakdown of the marriage, the other spouse has sufficient grounds to file for divorce. Substance abuse undermines the unity of the marital partnership and can wreak havoc on both spouses’ lives.
No-Fault Grounds for Divorce: When Blame Is Not the Answer
Under Colorado law, obtaining a divorce without attributing fault to either spouse is possible. This is referred to as a no-fault divorce, where the breakdown of the marriage is not deemed the fault of either party. Instead, the couple acknowledges that the marriage is irretrievably broken.
Irretrievably Broken: Beyond Repair
When a marriage is deemed irretrievably broken, it signifies that it is beyond the point of repair and cannot be salvaged. In such cases, neither spouse is held accountable for the breakdown; rather, they have grown apart and wish to initiate divorce proceedings in recognition of their irreconcilable differences.
Separation: Paving the Way for Divorce
A no-fault divorce can also be sought in Colorado by spouses who have lived apart for a minimum of 18 months with no reasonable expectation of reconciliation. This extended period of separation solidifies the realization that the marriage is no longer sustainable.
Valuing Legal Requirements: Towards a Positive Resolution
Commencing divorce proceedings is never a decision taken lightly, but understanding the legal prerequisites involved can make the process more manageable. In Colorado, spouses have the option to pursue a divorce based on fault or no-fault grounds. If you find yourself contemplating the initiation of a divorce, it is crucial that you seek the guidance of an experienced family law attorney who can proficiently navigate the complexities of the legal system, ensuring the safeguarding of your rights throughout the process.