Family Law, Divorce, Custody and Child Support Attorneys in Colorado Springs, Colorado

What is “No Fault”

No fault is a relatively straightforward concept. It basically means that when it comes to a divorce, Colorado law doesn’t get into who did what to who, or why your marriage fell apart. The law approaches divorce as an allocation of assets and a division of debts, which are not effected by fault.

Colorado divorce courts won’t inquire into the reasons for the divorce, like infidelity, communication problems or anything else that’s brought an end to the marriage. Those reasons are deeply important to you, and working your way through them is obviously an important part of surviving your divorce. Yet for a court, they would cloud the issue of divorce as an allocation of assets and a division of debts, leading to longer cases and more attorney fees.

In fact, while there are no studies on the subject, an anecdotal comparison of fault and no fault jurisdictions shows the no fault states process their divorces more quickly and with less expense than fault jurisdictions.

The reasons for the difference in time and expense between the two types of jurisdictions is easy to identify. In those states where fault is a factor and is relevant to an allocation of assets and a division of debts, leading to longer cases and more attorney fees, the parties will spend more time and money proving the reason for divorce, i.e. infidelity or some other reason.

Removing the element of fault frees up the court to focus on present value of assets and debts. Courts can spend more time helping to resolve these issues, rather than digging through the family’s dirty laundry.

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“Irretrievably Broken”

If just one spouse declares that the marriage is “irretrievably broken” then a Decree of Dissolution will eventually be entered by the Court. It doesn’t matter if the other spouse firmly believes in the possibility for reconciliation. As long as one of the two spouses believes the marriage is irretrievably broken and wants a Divorce Decree, the court will grant one.

Unfortunately, there are instances where a spouse rushes into a divorce too soon. The decision to get a divorce is just like any other and can be made in the heat of the moment. That’s why Colorado law requires the seeking party to state that the marriage is irretrievably broken – as in it can’t be fixed. Further, many courts view the 90-day waiting period from the date of service to when a judge may grant a divorce, as “cooling off” period.

A party may contest other aspects of the divorce, such as child support, maintenance (alimony), division of debts, allocation of assets, parenting time and decision making for any minor children, but when it comes to a party’s belief that the marriage is irretrievably broken, it cannot be contested.

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Permanent Orders Hearing

If the parties cannot resolve some or all of the issues in a divorce, the court will hold a hearing some time after 90 days from service of the Petition. At that Permanent Orders Hearing the court will take testimony, examine evidence and issue Orders.

A permanent orders hearing is a serious matter. Many of the things that happen at that hearing cannot be undone or modified later. Even with the subjects that can be modified later, some things that occur at a permanent orders hearing may make later modifications more difficult.

Therefore, preparation for this hearing is very important. Witnesses need to be subpoenaed, exhibits identified and exchanged, and your lawyer must comply with any court orders that also address how the hearing will be conducted.

In the event of a Permanent Orders hearing, the Court will make written findings of fact and incorporate those findings and Orders into a Decree of Dissolution. These findings of fact and orders will dictate how the marital estate is to be divided, as well as parenting time, child support and any other subjects that are at issue.

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Settlement

If, on the other hand, the parties agree to all of the terms for the dissolution of their marriage they may submit documents to the Court, including a Separation Agreement, which may get rid of the need for a Permanent Orders hearing. In certain circumstances, that hearing may not occur at all. In that event, the Court will review the documents and sign a Decree, incorporating the Separation Agreement, without a hearing.

A Separation Agreement should discuss and resolve all issues of division of debt, allocation of assets, tax liability, maintenance (alimony) and all the other issues which are required by law or desired by the parties. It is generally one of the most important document in the divorce process and should be very carefully drafted by a professional.

In cases with minor children, you also might be submitting a Parenting Plan, which contains the parenting schedule, allocation of decision making, and a child support order. Like the Separation Agreement, the Parenting Plan is a very important part of any Colorado divorce that involves minor children.

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