When Can You File For Divorce Or Legal Separation?

The grounds for obtaining a divorce or legal separation is that the "marriage is irretrievably broken." Only one party needs to testify that the marriage is irretrievably broken and that counseling or therapy would not lead to reconciliation.

At The Drexler Law Group, LLC, we know that going through a divorce can be difficult. We can help you determine whether certain situations that could be perceived as contributing to your divorce will play a role in the final outcome. We serve clients in Colorado Springs and the surrounding areas.

What Is The Goal Of No-Fault Divorce?

While adultery, domestic violence, wasting financial assets, and other accusations will not prevent the court to issue a decree of dissolution (divorce) or legal separation, the court can still hear testimony if the same evidence is relevant for other purposes. The most common examples involve economic waste where one party may be throwing money away and then demanding a high level of spousal maintenance of alimony.

Still, issues of infidelity or cheating are rarely relevant to a divorce case; and the court will issue final orders regarding parenting time, child support, spousal maintenance (alimony), property division, debt allocation and asset division without much regard to any alleged misconduct by either party.

The real goal of a no-fault divorce is to minimize the conflict and retaliation during the divorce process. Of course, the legal standard ignores the fact that the emotion, frustration and anger that stems from infidelity often impacts the entire mood of the divorce proceedings.

What Does No-Fault Divorce Really Mean?

Colorado is a no-fault divorce state. Essentially, this means that neither party needs to assert wrongdoing to file or obtain a divorce or legal separation.

However, no fault does not mean that the circumstances surrounding the breakup of a marriage or relationship are irrelevant or that they won't come up in court.

Our attorneys understand that marriages and relationships break down and that a marriage or civil union can become irretrievably broken regardless of the intent or efforts on the part of the couple. Many clients approach us after extensive marital and relationship counseling. Some clients have retained us, and we have encouraged them to suspend or stop the proceedings until they were confident the marriage or relationship was really over.

Some marriages and relationships simply erode or the parties grow apart without clear fault to either party. Other relationships end because of serious infidelity, drug or alcohol addiction, sex addictions, money problems, disagreement between parenting roles or raising a child, or financial strain caused by irresponsible spending, addictions or gambling problems.

Does The Reason For Divorce Ever Matter?

Regardless of the reasons leading to the termination of a marriage or significant relationship, it is not appropriate to say that Colorado is a no-fault state while also implying that the reasons for the deterioration will never be discussed.

In some cases the very reason for the breakup of the relationship is important. After all, shouldn't the court know that a party continues to throw money away to feed an addiction, if the same party is making an unreasonable demand of financial support in the divorce proceedings?

In other cases, an incident of child abuse will be highly relevant in a child custody proceeding or in a divorce case involving children.

For More Information, Schedule A Free Consultation

Our lawyers takes pride in their ability to work with clients who are going through one of the most traumatic and emotional life-changing events. We are here for the long haul, and you can count on us to be on your side. Our aggressive advocacy is matched only by our compassion for our clients who are confronted with challenging times.

At our firm, your first consultation is free. To make an appointment, please contact us via email, or call us at 719-359-4623.