Many find themselves asking “What are the grounds for divorce and what is required to file for a divorce in Colorado?” With the help of Lynn Landis-Brown, we have learned that Colorado is considered to be a “no fault” divorce state.
Lynn Landis-Brown On Grounds and Requirements For Divorce in CO
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 service members: 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 adultery 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.