What Does “No Fault” Divorce Mean?

Colorado became a “No Fault” state in 1972. [1] Before this significant change, a married couple could only get a divorce if there was an allegation of marital misconduct (adultery, abandonment, physical abuse, etc.). Now the only grounds necessary for divorce in Colorado is that the marriage is “irretrievably broken.” Only one party to a divorce needs to assert this as a reason for a divorce (i.e., the married couple need not agree to get a divorce).

For modern-day divorces “No Fault” means, with some limited exceptions, that the judge in your divorce case is not going to consider either party’s behavior when making financial decisions related to the division of property or an award for spousal maintenance. [2] On the other hand, evidence that one party has taken steps to hide or dissipate marital assets may affect a judge’s decision when deciding financial matters.

A party’s misconduct may also be relevant to the allocation of parental responsibilities to the extent the conduct affects the parties’ children.

If you have questions about “No Fault” divorce or how to start the divorce process, contact an experienced divorce attorney.

1 Uniform Dissolution of Marriage Act (“UDMA”)

2 In re Marriage of Jorgenson, 143 P.3d 1169, 1173 (Colo. App. 2006) (“Marital fault or misconduct may not be considered by the trial court when it is dividing the marital assets.”)