Quick Answer: Colorado is a no-fault divorce state. This means you do not have to prove wrongdoing to obtain a dissolution of marriage. To file for a no-fault divorce in Colorado, you only need to state that the marriage is “irretrievably broken.” The court does not require proof of adultery, cruelty, or abandonment. However, issues like property division, parenting time, and support must still be resolved before the divorce is finalized.

When facing the end of a marriage, understanding the legal process can reduce uncertainty and stress. In Colorado, divorce is legally referred to as a "dissolution of marriage", and the state follows a strict no-fault divorce system.

For families in Denver, North Denver, Brighton, and throughout Colorado, this means the court’s focus is not on assigning blame, but on fairly resolving financial and parenting matters.

What Is a No-Fault Divorce?

A no-fault divorce means neither spouse has to prove that the other did something wrong to cause the marriage to end. Instead, one or both spouses simply state that the marriage is irretrievably broken and cannot be repaired.

In short, to get a divorce, incompatibility alone is enough.

Colorado is one of 17 states considered a “no-fault - sole ground” state, meaning fault-based grounds like adultery or cruelty are not recognized as independent legal reasons for divorce. Some states allow both fault and no-fault filings, but Colorado does not. 

In the remaining states, the person seeking a divorce can choose between a no-fault divorce and a fault-based divorce.

Does Marital Misconduct Matter in a No-Fault Divorce?

Because Colorado is a no-fault divorce state, marital misconduct does not determine whether a divorce is granted. The court does not require proof of wrongdoing to approve a dissolution of marriage.

However, conduct during the marriage can still affect certain outcomes.

For example, if one spouse wasted marital funds on an affair, the court may consider that when dividing property. If a parent’s behavior negatively impacts a child’s safety or well-being, parenting time may be restricted. Domestic violence or substance abuse can also influence court orders regarding parental responsibilities.

In other words, while fault is not required to obtain a divorce, actions during the marriage may still affect financial or custody decisions.

The No-Fault Divorce Process in Colorado

In Colorado, the no-fault divorce process begins when one spouse files a Petition for Dissolution of Marriage with the district court.

To qualify for a no-fault state divorce, at least one spouse must have lived in Colorado for a minimum of 91 days before filing. For families in Denver County, Adams County (Brighton), or surrounding jurisdictions, the case is filed in the local district court. After filing, Colorado law requires a mandatory 91-day waiting period before the divorce can be finalized.

The case may proceed in one of two ways:

• Uncontested Divorce: Both spouses agree on all issues, including property division, parenting plans, and financial matters.
• Contested Divorce: Disputes remain, and the court must resolve unresolved issues.

Even though Colorado no-fault divorce law removes the need to prove wrongdoing, couples must still address:

• Division of marital property and debts
• Allocation of parental responsibilities (child custody and parenting time)
• Child support
• Spousal maintenance (alimony), if applicable

What Happens After Filing for Dissolution of Marriage?

Once the petition is filed and the waiting period begins, both parties must exchange financial disclosures. If minor children are involved, a parenting plan must also be submitted to the court.

Depending on the complexity of the case, spouses may resolve remaining issues through private negotiation or mediation. If agreements are reached, the judge reviews the paperwork and, if it complies with Colorado law, issues a Decree of Dissolution of Marriage, officially ending the marriage.

If disputes cannot be resolved, the court will schedule hearings, review evidence and testimony, and issue final rulings on the unresolved matters.

Why Legal Guidance Still Matters in a No-Fault Divorce

Colorado may be a no-fault state, but a dissolution of marriage still carries significant legal and financial consequences, and poorly structured agreements or incomplete financial disclosures can create long-term complications. Once a divorce decree is entered, correcting mistakes can be difficult and costly.

For individuals filing in Denver, North Denver, Brighton, or surrounding Colorado communities, thoughtful planning at the outset of the no-fault divorce process can help protect financial stability and parental rights.

If you are considering filing for dissolution of marriage in Colorado, understanding your options early can make a meaningful difference in the outcome of your case. The experienced divorce attorneys at Tolison & Williams are here to help you navigate the divorce process and provide support tailored to your unique situation. Check out our guide to preparing for divorce, or contact us to learn more.

Frequently Asked Questions About No-Fault Divorce in Colorado

What is the difference between divorce and dissolution of marriage?

In Colorado, there is no legal difference. “Dissolution of marriage” is simply the formal legal term for divorce under Colorado law.

How long does a no-fault divorce take in Colorado?

Colorado requires a mandatory 91-day waiting period after the petition for dissolution of marriage is filed (or after service if filed separately). While 91 days is the minimum, most divorces take longer depending on property division, custody matters, and court schedules.

Do both spouses have to agree to a no-fault divorce?

No. Only one spouse must state that the marriage is irretrievably broken. If one party wants the divorce, the court can grant it even if the other spouse objects.

Are there still fault-based divorces in other states?

Yes. Some states still allow fault-based divorce claims in addition to no-fault options. However, Colorado only permits no-fault divorce, meaning fault is not required to end the marriage.

Do I have to go to court for a no fault divorce in Colorado?

Not always. If your divorce is uncontested and all issues are resolved, you may not need a formal hearing. However, contested cases typically require court appearances.

Can I file for dissolution of marriage without an attorney?

Yes, Colorado allows self-representation. However, even in a no-fault divorce, legal guidance can help avoid costly mistakes involving asset division, spousal maintenance, or parenting plans.

Additional questions about no-fault divorce in Colorado? Contact our family law experts to gain trusted legal support.