A Family Lawyer Who Can Help You Navigate No-Fault Divorce in CO
With his years of experience in family law, Andrew Bryant is well aware of how challenging and emotionally taxing the divorce process can be. Many people encounter legal complexities and contentious issues that they did not even realize existed until they started seriously considering getting a divorce.
In Colorado Springs, the law of the land is no-fault divorce, which offers a streamlined approach to ending marriages without assigning blame or needing to prove marital misconduct. This law generally makes the process go much smoother.
However, you must still ensure your rights are protected during a no-fault divorce. That means working with a knowledgeable legal partner who clearly understands the relevant laws, procedures, and implications for divorcing couples. Our office has helped countless people in and around Colorado Springs navigate no-fault divorce proceedings, and we can help you, too.
The No-Fault Divorce Laws in Colorado Springs: An Overview
No-fault divorce, also known as “irreconcilable differences” or “irretrievable breakdown of the marriage,” is based on the premise that the marriage has broken down and neither party is solely responsible for its demise. In other words, no one is wholly to blame for the marriage’s failure, so the proceedings are not about saying one person’s actions caused the divorce.
Essentially, no-fault divorce means that married people in Colorado can seek one without alleging wrongdoing or assigning fault to either party. This approach aims to simplify the divorce process, reduce acrimony, and promote amicable resolutions.
What Are the Legal Requirements for No-Fault Divorce in Colorado?
While Colorado law allows for no-fault divorce, it does not mean anyone can file for it. Specific legal requirements must be met before you can initiate the process.
Establish Residency. Before you can file for a no-fault divorce, either spouse must meet Colorado’s residency requirements, which typically involve establishing domicile in the state for a specified period before the divorce filing.
Adhere to Jurisdictions. The divorce petition must be filed in the appropriate jurisdiction, typically the district court in the county where either spouse resides.
Specify the Grounds for Divorce. This one is pretty simple. Colorado recognizes the irretrievable breakdown of the marriage as the sole grounds for divorce. Spouses need only assert that the marriage is irretrievably broken with no prospect of reconciliation.
Get Through the Waiting Period. Colorado imposes a mandatory waiting period of 91 days from the date the divorce petition is served on the respondent before a divorce decree can be issued. This waiting period allows for a cooling-off period and encourages spouses to explore reconciliation or settlement options.
Andrew Bryant Understands the Process for Obtaining a No-Fault Divorce in Colorado Springs
While certain situations may involve specific differences, the process for obtaining a no-fault divorce in Colorado Springs typically involves the following steps:
Filing the Petition. One spouse (the petitioner) files a petition for dissolution of marriage with the district court, initiating the divorce process. The petition should include basic information about the parties, the grounds for divorce, and requests for relief regarding property division, child custody, support, and other relevant issues.
Service of Process. That is a fancy way of saying that the petitioner must serve the divorce petition and related documents on the other spouse (the respondent) in compliance with Colorado’s service of process rules. The respondent then has a specified time to respond to the petition.
Engage in Negotiation and Settlement. Spouses may negotiate, mediate, or collaborative divorce to reach agreements on issues such as property division, child custody, support, and spousal maintenance. If spouses reach a mutually acceptable settlement, they can submit a written agreement to the court for approval.
Go Through Court Proceedings. If spouses cannot reach a settlement, the case may proceed to court hearings or trial, where a judge will consider evidence, hear arguments, and issue decisions on contested issues. Colorado encourages alternative dispute resolution methods to minimize court involvement and foster amicable resolutions.
Issuance of Divorce Decree. Once all issues are resolved through settlement or court proceedings, the court will issue a final divorce decree formally terminating the marriage. The divorce decree outlines the divorce terms, including property division, child custody and support arrangements, spousal maintenance, and other relevant matters.
If the divorce decree needs to be changed after it is issued, separate legal procedures must be followed.
Why It Is In Your Benefit to Work with a Family Attorney to Successfully Navigate the No-Fault Divorce Process
There are a number of benefits to divorcing couples if they can engage with the no-fault divorce process in Colorado Springs successfully:
It is a simplified process. No-fault divorce streamlines the divorce process by eliminating the need to prove fault or misconduct, reducing legal costs, and expediting resolution.
It focuses on the resolution. Without assigning blame, divorcing couples can concentrate on resolving practical issues such as property division, child custody, and support arrangements cooperatively and constructively.
It offers privacy and dignity. No-fault divorce allows spouses to end their marriage with dignity and privacy, avoiding public scrutiny and the airing of personal grievances in court.
It emphasizes parenting and children’s needs. No-fault divorce encourages parents to prioritize the best interests of their children and collaborate on co-parenting arrangements, fostering stability and continuity for the family unit post-divorce.
Let Andrew Bryant Assist You Through Your No-Fault Divorce Process
No-fault divorce in Colorado Springs offers a pragmatic and compassionate approach to ending marriages, emphasizing reconciliation where possible and prioritizing amicable resolutions. However, this does not mean that divorce is easy, that it eliminates the intense, often confusing emotions you may be feeling as you undergo these proceedings, or that your rights—and the rights of your children—will automatically be protected.
With our experience-based understanding of the legal requirements, process, and implications of no-fault divorce, The Law Office of Andrew Bryant knows precisely what it takes to help divorcing couples navigate the dissolution of their marriage with clarity, efficiency, and respect for each other’s dignity.
Let us work with you through this process to give you the best chance at achieving the most favorable outcome. Contact our office today.
