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.
What Is a No-Fault State?
A no-fault divorce is one where neither spouse has to prove the other caused the breakdown of the marriage. Every state now allows divorce on a no-fault basis, though some still offer fault grounds alongside it. Colorado offers only the no-fault route.
Only one spouse has to say the marriage is irretrievably broken. If the other spouse disagrees, the court can continue the case for 35 to 63 days and suggest counseling, then must decide the question. In practice, one spouse’s objection does not stop the divorce.
No-fault does not mean conduct never matters. Property is divided without regard to marital misconduct, so an affair does not change who keeps the house. The exception is where one spouse intentionally depleted marital assets in contemplation of divorce, which Colorado courts treat narrowly.
Parenting is different. When the court allocates parenting time and decision-making, the child’s safety comes first, so domestic violence or abuse carries real weight.
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.
In states that consider fault, the court proceedings can often exacerbate emotional wounds and impact relationships long-term for multiple family members. A no-fault divorce, where one party files for divorce and says that the marriage is irretrievably broken, is beneficial in many ways, including the following:
- Typically takes less time than a divorce where fault is found.
- Attorney’s fees are generally less as the time for the divorce to be finalized is shortened.
- Less conflict with the other spouse which allows them to maintain relationships (if desired).
If you are considering pursuing a no-fault divorce in the state of Colorado, our experienced team at Johnson Law Group can explain what the process entails and can guide you through each step.
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.