No-Fault Divorce in Colorado: Grounds and What It Means

Colorado is one of the strictest no-fault divorce states in the country. There is exactly one legal ground for divorce: the marriage is irretrievably broken. That's it. No adultery claims, no cruelty allegations, no abandonment — none of it matters in a Colorado courtroom.

The Only Ground: Irretrievable Breakdown

Under C.R.S. § 14-10-106, a Colorado court will grant a divorce when it finds that the marriage is irretrievably broken. If one spouse swears under oath that the marriage is beyond repair, the court will accept that statement at face value.

This means:

• One spouse can file without the other's agreement. You do not need your spouse's consent or cooperation to get a divorce in Colorado.
• Your spouse cannot block the divorce. If one party states under oath that the marriage is irretrievably broken, the court will dissolve it — even if the other spouse disagrees, wants to reconcile, or refuses to participate.
• No "grounds" need to be proven. You don't need to show adultery, abuse, addiction, or any other specific cause. You simply state that the marriage is broken.

What No-Fault Actually Eliminates

Colorado's no-fault statute goes further than most states. Section 14-10-107(5) explicitly abolished every historical defense to divorce:

• Condonation (forgiving a spouse's misconduct)
• Connivance (consenting to a spouse's adultery)
• Collusion (conspiring to fake grounds for divorce)
• Recrimination (arguing that the other spouse is equally at fault)
• Lapse of time (waiting too long to file)

None of these can be raised to delay or prevent a divorce in Colorado. They're legally dead.

How No-Fault Affects Property Division

Colorado divides marital property "equitably" — which means fairly, not necessarily 50/50. But the court is explicitly prohibited from considering marital misconduct when dividing property.

Your spouse's affair, gambling problem, or reckless spending doesn't change the property division calculation. The court looks at:

• The contribution of each spouse to the acquisition of marital property
• The value of each spouse's separate (pre-marital) property
• The economic circumstances of each spouse at the time of division
• Whether the family home should be awarded to the custodial parent

If a spouse dissipated marital assets (e.g., spent $50,000 on an affair partner), the court may account for that dissipation in the property division — but that's a financial waste issue, not a fault-based moral judgment.

How No-Fault Affects Maintenance

Spousal maintenance (alimony) in Colorado is calculated using a statutory formula based on income and marriage duration. The court cannot consider fault or misconduct when determining whether to award maintenance, how much, or for how long.

How No-Fault Affects Custody

Parenting decisions — decision-making authority, parenting time schedules, and child support — are based entirely on the best interests of the child. Neither parent's marital conduct is relevant unless it directly impacts the child's safety or well-being.

There's one exception: if a parent's behavior constitutes a danger to the child (domestic violence, substance abuse affecting parenting capacity), the court will consider it — but as a parenting fitness issue, not as marital fault.

The Automatic Temporary Injunction

While fault doesn't factor into the divorce itself, Colorado does impose immediate behavioral restrictions on both spouses the moment a case is filed. The automatic temporary injunction (ATI) under C.R.S. § 14-10-107(4)(b)(I) prohibits both parties from:

• Transferring, hiding, or disposing of marital property without written consent or court order
• Canceling or modifying insurance policies without 14 days' written notice
• Removing minor children from Colorado
• Disturbing the peace of the other party

Violating the ATI can result in contempt of court and sanctions — even though the underlying divorce doesn't consider fault.

What This Means for Your Filing

If you're waiting to file because you think you need to "prove" something your spouse did — you don't. In Colorado, filing for divorce is a straightforward administrative process. The Colorado Divorce Filing Process Guide walks you through every step from petition to decree, with no need to build a case against your spouse.

See more Colorado guides →