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Do I have to allege fault to get a Colorado divorce?

On Behalf of | Aug 9, 2018 | Divorce

In generations past a person had to make claims of wrongdoing against their spouse in order to secure a divorce from them. These claims could include allegations of adultery, abuse or any number of other undesirable behaviors that may put significant strain on a marital relationship. While these accusations of fault may have provided clear grounds for why certain individuals wanted to be released from their marital relationships, they may have also been embarrassing or difficult to prove in Colorado courtrooms.

Now the Colorado courts only require that individuals seeking to divorce plead that their marriages are irretrievably broken. An irretrievably broken marriage is one that cannot be fixed and that is therefore appropriate to end through the legal process of divorce. Pleading the irretrievable breakdown of a marriage does not force a person to discuss the potentially personal or ugly elements of their marriage in court and may permit them a more dignified end to their relationships.

Aside from including the proper pleading in their petition for divorce a Colorado resident must also meet other requirements. For example, they must live in Colorado for at least 90 days before seeking to end their marriage through the courts and they must complete a waiting period before their divorce may be finalized.

Getting a divorce is a personal decision that often must play out in the public forum of a courtroom. Having the right legal help can be important to not only reaching the end of a divorce but protecting one’s rights and privacy through the process. Legal professionals who work in the family law field can support their clients during their divorces and other legal matters.