"What are the grounds for divorce and what is required to file for a divorce in Colorado?"

Colorado is considered to be a “no fault” divorce state. Either spouse can petition for a dissolution of marriage (the legal term for a divorce in Colorado) or a legal separation if one of the parties claims the marriage is “irretrievably broken,”. C.R.S. 14-10-106(1)(a)(II). Colorado became a “no fault” state in 1972 when the state adopted the Uniform Marriage and Divorce Act. The provisions of the Act eliminated the old fault-based system of divorce. The old grounds of adultery, mental cruelty, alienation of affections, desertion, etc. have been abolished along with the old defenses to divorce, such as condonation, insanity or collusion, have been abolished. C.R.S. 14-10-107(5).

A special note to our military servicemembers: If one spouse is in the military, adultery is still a violation of the Code of Military Justice (see Manual for Courts-Marital, Part IV - Punitive Articles, Para. 62 for more information). However, the fact that a military member’s conduct may be a violation of military regulations does not change that adultry is not considered relevant to the court being able to grant dissolution (divorce) in Colorado.

In order for Colorado family law courts to have subject matter jurisdiction to grant a Colorado divorce or legal separation, at least one spouse must have been “domiciled” in Colorado for at least a 90 day period prior to filing. For an  annulment in Colorado, there is a 30-day domicile period if the marriage was not entered into in Colorado – there is no waiting period if the spouses were married in Colorado.

Lynn Landis-Brown is a Family Lawyer in Colorado Springs, Colorado, where she founded Lynn Landis-Brown P.C. She listens compassionately and understands your legal, emotional and financial concerns due to her own experiences of divorce from her parents divorcing, her own divorce and now as a step-grandmother. With her background in litigations, she has great experiences with fighting for your rights in the courtroom. She can be reached at (719)520-5441. View her firm’s profile here.

Tuesday, May 15
at 8 pm to 8:30 EST
Out With the Tragedy: Turning Divorce into a meaningful experience
with Allison Pescosolido and Andra Brosh, founders of Divorce Detox
Learn More

Listen to podcasts of previous TeleSeminars.