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Grounds for divorce are legal justifications a party lists when petitioning a court to grant a decree of dissolution of marriage. Grounds may be either fault-based or no-fault, depending on where you are filing the case and the laws of that particular state. 

Fault-based grounds require a party to demonstrate through sufficient evidence that the other party committed a specific act, such as desertion, cruelty, or adultery. No-fault divorces are more common, and a party does not have to prove through evidence that the other party was at fault. 

Colorado is a no-fault state, and you do not need spousal consent to obtain a divorce. The specific reasons you are petitioning the court for a divorce are not considered when the court grants a decree of dissolution of marriage. Family courts in Colorado can grant a decree of dissolution of marriage upon a showing of the following: 

  • One party has lived in the state of Colorado for 90 days prior to the beginning of the divorce proceedings.
  • The marriage is irretrievably broken.
  • The 90 days have accumulated since a court obtained jurisdiction over the other party by process or by the other party entering a notice of appearance.

Having an experienced Aurora divorce attorney on your side can help you deal with the complexities of family law. 

What Does Irretrievably Broken Mean?

In Colorado, you must state that your marriage is irretrievably broken to obtain a divorce. This can mean that:

  • You believe there is no chance for you and your spouse to reconcile
  • No amount of time, intervention, therapy, or other assistance will repair the marriage

If one spouse challenges that the marriage is irretrievably broken, the court will need to consider factors to decide whether to proceed with the divorce or not. If the case proceeds, fault will not play a role in any divorce matters, including child-related or financial issues, unless there are concerns over a child’s safety and well-being due to past abuse or domestic violence

Starting the Process

To begin a divorce proceeding in Colorado, a party must file a petition for dissolution of marriage either singly or jointly with a spouse. A non-filing spouse has 21 days after being served with the petition for dissolution of marriage to file a response. 

If 91 days pass since the summons was served, then the court has the authority to enter a decree for dissolution of marriage. The decree ends the legal relationship between the parties. A party can contest the decree, and the case may then enter mediation. If the parties cannot resolve their dispute, then a trial may ensue. 

Speak with an Aurora Divorce Attorney Today

An Aurora divorce attorney can help you protect both your financial assets and your legal rights. Making the decision to file for divorce or respond to a petition for dissolution of marriage can be emotionally overwhelming. Contact CNL Law Firm, PLLC today at (720) 370-2171 or online to schedule a free consultation. 

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