Colorado is a no-fault divorce state. This means that a Colorado Court doesn't investigate why a couple is seeking a divorce, simply whether the marriage is irretrievably broken.

What does this mean for couples in Denver and throughout Colorado? It means that a person can get a divorce even if the other party does not want a divorce. If both parties agree that the marriage is irretrievably broken, then a court will, eventually, grant a divorce. Even where one party does not agree that the marriage is irretrievably broken, a Court will refrain from evaluating whether the other party's statement is accurate. All it takes is for one spouse to believe, for whatever reasons, that the marriage is over and a divorce will be granted.

In no-fault jurisdictions like Colorado, the division of real property and financial assets of a couple are made without any consideration of why a divorce is being sought. In determining how to divide up the assets and debts, a Court may examine facts like contribution, and may award assets or debts based on that evidence. However, fault is never a consideration in splitting up real property, financial assets or debts.

The only time fault may be considered by a divorce court is in the context of determining child custody and parental responsibility. If one party has acted in a way that negatively affects the children, then a divorce court may examine these actions and establish decision making and parenting time based, in part, on these facts. Generally, this is the only way "fault" ever comes into play in a divorce: if the fault coincides with actions that negatively affect children.

The lawyers at Johnson Legal Group understand that divorces are highly emotional and that many times a divorce is the direct result of the fault of one party. We also know that divorces sometimes are not the direct result of either party's fault or wrongdoing, and this may not make a divorce any less emotional. Johnson Legal Group specializes in Family Law in Colorado, and has a team of lawyers who are well versed and understand the no-fault rules for divorce. Our lawyers understand the complexities and frustrations this may cause some clients, and work zealously to advocate for our client's best interests.

Johnson Legal Group's team of attorneys work their hardest to ensure that a divorce, no matter who's fault, is the least painful it can possibly be. To discuss your case, and cover any questions you might have regarding a potential divorce, please schedule a free consultation with one of our lawyers by calling our Denver office at 303-394-3030 or by filling out our online inquiry form.