Proving your spouse did anything wrong is unnecessary when pursuing a divorce in Colorado. As a no fault divorce state, the legal process focuses entirely on resolving practical matters, such as parenting plans, property division, and spousal support, rather than assigning blame for the end of the marriage.
Understanding how no fault divorce works can help you plan realistically for what’s ahead, whether your situation is straightforward or involves contested issues. If you’d like guidance specific to your circumstances, speaking with a New Leaf attorney is a good place to start.
What Is a No Fault Divorce and How Does It Work?
A no fault divorce allows one spouse to end a marriage without proving that the other spouse did something wrong. In Colorado, the legal standard is irretrievable breakdown of the marriage. If one spouse believes the marriage has ended, the other cannot legally block the divorce from proceeding.
This is different from fault-based divorce, which historically required evidence of adultery, abandonment, or cruelty. All 50 states now recognize no fault divorce, and Colorado is among the states where fault-based divorce is not an option at all.
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Grounds required | Irretrievable breakdown of the marriage | Fault may be argued in some states; disputed issues in all |
| Role of marital misconduct | Generally not considered by the court | Can affect outcomes in fault-based states |
| Conflict level | Often lower, especially if uncontested | Higher; may involve hearings or trial |
| Timeline | Usually faster when both parties cooperate | Often longer due to negotiations or litigation |
| Legal fees | Often lower in cooperative cases | Often significantly higher |
| Court involvement | Limited in uncontested cases | Extensive in fully litigated cases |
One important point: While no fault divorce removes the need to prove wrongdoing, it does not make all issues automatically resolved. Custody, property division, and support still need to be addressed, either by agreement or by the court.
No Fault Divorce: Step by Step
No fault divorce in Colorado follows a structured process regardless of whether the case is contested or uncontested.
| Step | What Happens |
|---|---|
| Filing the petition | One or both spouses file a petition for dissolution of marriage with the court |
| Service of papers | If filed by one spouse, the other must be formally served — this starts the waiting period |
| Joint filing option | If both spouses sign the petition together, the 91-day waiting period begins at filing |
| Financial disclosures | Both parties must exchange sworn financial statements disclosing income, assets, and debts |
| Parenting plan | Required if minor children are involved; outlines parenting time and decision-making |
| Negotiation or mediation | Spouses work toward a settlement agreement on unresolved issues |
| Court review | A judge reviews the agreement and any remaining disputes |
| Final decree | The court issues the decree of dissolution, finalizing the divorce |
Colorado requires a minimum 91-day waiting period after service or waiver of service before a decree can be issued. This is a hard floor. The divorce cannot be finalized any sooner, even if both parties agree on everything from day one.
For more on what this process looks like in practice, you can review what to expect when working with a New Leaf attorney.
How No Fault Divorce Affects Child Custody
In Colorado, the court does not use the term “custody.” Instead, it refers to the allocation of parental responsibilities (APR), which covers both parenting time (where the child lives) and decision-making authority (who makes major decisions about education, healthcare, and religion).
Parenting Time Decisions
Parenting time is typically the most discussed issue in any divorce involving children. Courts look at each parent’s relationship with the child, the child’s current living situation, and each parent’s ability to support an ongoing relationship with the other parent.
Allocation of Parental Responsibilities
Decision-making authority can be shared jointly or allocated primarily to one parent. The court weighs each parent’s involvement in the child’s daily life and their ability to cooperate on major decisions.
Child Support Considerations
Child support in Colorado is calculated using a formula based on both parents’ incomes, parenting time, and certain expenses. It is separate from parenting time. A parent cannot withhold visitation over unpaid support, and support cannot be reduced simply because one parent spends more time with the child.
Best Interests of the Child Standard
All custody decisions in Colorado are based on the best interests of the child. Fault in the marriage (including adultery or other misconduct) does not influence these decisions unless the conduct directly affects the child’s safety or well-being.
| Factor | What the Court Considers |
|---|---|
| Child stability | Continuity of living arrangements, school, and community |
| Parent involvement | Each parent’s history of caregiving and day-to-day participation |
| Communication | Each parent’s willingness and ability to co-parent cooperatively |
| Child’s adjustment | How the child has adjusted to home, school, and community |
| Safety concerns | Any history of domestic violence, abuse, or neglect |
| Child’s wishes | Considered depending on the child’s age and maturity |
If parenting arrangements are a concern in your case, speaking with a New Leaf attorney can help you understand how Colorado courts approach these decisions.
How Assets Are Divided in a No Fault Divorce
Colorado courts divide marital property equitably and without regard to marital misconduct, although financial conduct affecting the marital estate can still matter in valuation and allocation. The court considers factors like each spouse’s financial situation, contributions to the marriage, and economic circumstances after divorce.
Marital fault, such as an affair, does not affect property division in most cases. However, economic fault can matter. If a spouse used significant marital funds to finance an extramarital affair or dissipated assets before or during the divorce, a court may compensate the other spouse in the final allocation.
Colorado also places a mandatory injunction on both parties upon filing and service of the petition. This is a court order preventing either spouse from dissipating, transferring, or hiding marital assets while the case is pending.
| Asset Type | How It May Be Divided |
|---|---|
| Marital home | Equity split, buyout by one spouse, or sale with proceeds divided |
| Retirement accounts | Divided through a qualified domestic relations order (QDRO) |
| Bank and investment accounts | Equal or negotiated split based on contributions and circumstances |
| Business interests | Requires formal valuation; may be bought out or co-owned |
| Marital debts | Allocated between spouses based on who incurred them and ability to pay |
| Separate property | Generally not subject to division; traced back to pre-marital ownership |
Property division can become one of the more complex parts of a no fault divorce, particularly when real estate, retirement accounts, or business interests are involved. Getting legal guidance early helps protect your long-term financial interests.
No Fault Divorce Timeline in Colorado
Colorado’s 91-day waiting period is the minimum timeline for any dissolution of marriage. Most cases take longer, depending on how quickly both parties exchange financial disclosures, how much they agree on, and how busy the court’s docket is.
| Stage | Typical Timeframe |
|---|---|
| Filing to service (or joint filing) | 1–2 weeks |
| Mandatory waiting period | 91 days minimum from service or joint filing date |
| Financial disclosure exchange | 2–6 weeks after filing |
| Negotiation or mediation | 2–8 weeks, depending on complexity |
| Court review and scheduling | Varies by county and case load |
| Final decree issued | After waiting period and all issues resolved |
The fastest path through a no-fault divorce is a fully uncontested case where both spouses agree on all issues before or shortly after filing. In contested cases where property, parenting, or support remains in dispute, the timeline extends based on how long negotiations or litigation take.
Is No Fault Divorce Faster and Cheaper?
Generally, yes, but it depends on whether the case is contested. No fault divorce removes one potential source of conflict (the grounds themselves), but it does not automatically resolve disagreements over children, assets, or support.
| Factor | No Fault / Uncontested | Contested Case |
|---|---|---|
| Attorney time | Lower — focused on drafting and reviewing agreements | Higher — negotiations, motions, possible trial |
| Court hearings | Minimal in cooperative cases | Multiple hearings likely |
| Timeline | 91 days minimum; often 3–6 months total | Often 6 months to over a year |
| Mediation need | Helpful but often brief | Frequently required and more intensive |
| Total cost | Often lower — closer to filing fees plus limited legal help | Often significantly higher |
Divorce mediation can help keep costs down in cases where both spouses are willing to negotiate but need a neutral third party to help them reach agreement. Mediation typically costs far less than extended litigation and gives both parties more control over the outcome.
Do Both Spouses Need to Agree to a No Fault Divorce?
No, they don’t. In Colorado, one spouse can file for divorce without the other’s agreement. If one spouse states that the marriage has broken down irretrievably, the court will accept that as sufficient grounds. The other spouse cannot contest the divorce itself.
One Spouse Can Still File
If only one spouse files, the other is served with the petition. The 91-day waiting period begins on the date of service. The responding spouse can choose to participate in negotiations or remain uninvolved, but they cannot prevent the divorce from proceeding.
Disagreements Can Still Happen
While the grounds for divorce cannot be contested, the issues within the divorce absolutely can be. A spouse may agree that the marriage is over but disagree strongly about property division, parenting arrangements, or support. Those disputes proceed through negotiation, mediation, or court.
A Judge Cannot Easily Deny the Divorce
Under Colorado’s no fault standard, a judge will grant the divorce as long as procedural requirements are met. The court is not in the business of preserving marriages. Its role is to resolve the practical matters that come with ending one.
Do You Need a Lawyer for a No Fault Divorce?
You are not legally required to hire an attorney. However, the practical question is whether proceeding without one adequately protects your interests.
| Situation | Attorney Recommended? |
|---|---|
| Minor children involved (custody or support) | Yes — parenting plans and support calculations have long-term consequences |
| Real estate, retirement accounts, or business interests | Yes — asset division mistakes are difficult to correct after a decree |
| Spousal maintenance at issue | Yes — maintenance agreements affect finances for years or decades |
| High conflict or uncooperative spouse | Strongly recommended |
| Simple uncontested case, no children, minimal assets | Optional — but a review of any agreement is still advisable |
| Domestic violence or safety concerns | Yes — legal protection is essential |
DIY divorce platforms can handle paperwork for very simple cases where both parties fully agree on everything. They don’t provide legal advice, and they won’t flag issues you may not know to look for. Tax consequences of asset division or gaps in a parenting plan that could require court modification later are common examples.
Conclusion: What No Fault Divorce Actually Means for Your Case
No fault divorce simplifies one part of the process. You don’t need to prove anyone did anything wrong. But it doesn’t simplify the divorce itself. Custody, property, support, and debt still need to be resolved, and how complex that process becomes depends on the specifics of your situation.
Colorado’s 91-day waiting period applies to everyone. What varies is how long the negotiations, disclosures, and court scheduling add to that baseline.
If you’re ready to understand what your specific case looks like and what to expect from the process, scheduling a consultation with the New Leaf team is the clearest next step.
Frequently Asked Questions: No Fault Divorce
What is a no fault divorce?
Colorado law defines a no fault divorce as a process where neither spouse must prove misconduct or grounds to end the marriage. The only legal requirement is testifying that the marriage is irretrievably broken. This standard allows either party to move forward with a dissolution without assigning blame or providing evidence of wrongdoing.
Do both spouses need to agree to a no fault divorce?
Consent from both parties is not required to initiate or finalize a divorce in Colorado. One spouse can file a Petition for Dissolution unilaterally, and the other cannot legally block the proceedings. While the divorce itself is guaranteed, the other spouse still retains the right to dispute specific terms like asset division or parental responsibilities.
Is no fault divorce faster than other types of divorce?
Efficiency in a no-fault case depends entirely on cooperation between spouses. Colorado mandates a 91-day cooling off period before a decree can be issued. An uncontested no-fault divorce is the fastest path available, often wrapping up shortly after that three-month window, whereas contested issues regarding property or children will extend the timeline.
Can a no fault divorce still be contested?
Contesting the grounds for divorce is not possible in Colorado, but the financial and parental terms are frequently litigated. Even under no-fault rules, spouses often disagree on spousal maintenance, debt allocation, and parenting schedules. These contested issues transform a simple filing into a complex legal battle that requires more time and resources.
How long does a no fault divorce take in Colorado?
The timeline for a Colorado divorce starts with a minimum 91-day waiting period after the petition is served or jointly filed. Most straightforward cases finish within three to six months. However, complex cases involving high-net-worth assets or high-conflict custody disputes can easily extend beyond a year.
Do I need a lawyer for a no fault divorce in Colorado?
Hiring an attorney is not a legal requirement, but it is a critical safeguard when your case involves children or significant marital property. A New Leaf attorney ensures your final decree is technically sound and avoids the expensive omitted asset errors that common DIY filings often suffer.
Is no fault divorce cheaper than a contested divorce?
Lower costs are the primary benefit of an uncontested no fault divorce, particularly when both spouses avoid prolonged litigation. Attorney fees remain the most significant variable; therefore, utilizing mediation to reach an early agreement is the most effective strategy to keep your divorce affordable.
