If you are thinking about divorce in Colorado, one of the first questions is usually whether you have to prove your spouse did something wrong. You do not. This page explains what no-fault divorce means here, what you need to file, and where conduct during the marriage still matters.
Is Colorado A No-Fault State?
Yes, Colorado is a no-fault divorce state. This means that no fault will be assigned to either party during divorce proceedings. To obtain a no-fault divorce in Colorado, you must file a petition for dissolution.
The only ground is that the marriage is irretrievably broken, and your spouse does not have to agree. If one spouse says so under oath and the other does not deny it, the court presumes it. If the other spouse denies it, the court looks at the circumstances and can continue the case for 35 to 63 days.
In states that consider fault, the court proceedings can often exacerbate emotional wounds and impact relationships long-term for multiple family members.
You do not need a signed settlement agreement to file.
Do You Qualify for a No-Fault Divorce in Colorado?
At least one spouse must have been domiciled in Colorado for at least 91 days before filing. The petition has to state that the marriage is irretrievably broken, and the court cannot enter a decree until at least 91 days after it has jurisdiction over the other spouse, through service, joinder, or appearance.
If you have children, a separate rule decides whether Colorado can rule on parenting. Generally the children need to have lived here for 182 days, but that governs where parenting issues get decided, not whether you can file for divorce.
How Maintenance Works in a No-Fault Divorce
Colorado calls alimony maintenance, and either spouse can request it. The court decides whether to award it, and how much, after looking at each spouse’s income and financial resources, the marital property each receives, the length of the marriage, and what each spouse reasonably needs.
An affair or other ordinary marital misconduct is still not part of that analysis. The exception, since August 2025, is abuse. The court must now weigh whether a spouse engaged in domestic violence, coercive control, economic, emotional, physical, or litigation abuse, or unlawful sexual behavior against the other spouse.
Do You Need A Divorce Settlement Agreement?
If you and your spouse have property together or minor children, then to file for divorce you will need to sign a You do not need a signed settlement agreement to file. If you and your spouse can agree on property, debts, maintenance, child support, and parenting, a separation agreement records those terms and the court reviews it. If you cannot agree, the court decides whatever is still open at a permanent orders hearing.
A complete agreement typically covers how parenting time is shared, how assets and debts are divided, any maintenance or child support, and, where it matters to you, who keeps the pets.
An attorney is not required. But an agreement that skips an issue can come back as a dispute later, and having one reviewed before you sign is where most of the value is.
Contact Our Experienced Family Law Attorneys Today
Whether you are only starting to think about divorce or ready to file, knowing that Colorado will not ask who was at fault changes what you need to prepare. Bring your questions to a confidential consultation.