What It Means to be a No-Fault State for Divorce
Are you wondering what it means to be in a “no-fault” state for divorce? This is an increasingly popular concept in the United States, and it has been changing the way people view the dissolution of marriage process.
Divorce can be a complex and emotional process for both parties involved. States have different rules and regulations regarding divorce. Today, most states have moved towards what is known as “no-fault” divorce, which means that either party can file for divorce without having to assign blame to their spouse. If adultery or other behavior leads to the dissolution of marriage, the court does not consider that information.
Is Colorado a No-Fault State?
Yes, Colorado is a no-fault state. That means the courts here do not consider fault or blame when deciding whether to grant a divorce. In Colorado, either spouse can file for a divorce without proving the other person was at fault. However, if one party disagrees with the other on any of the issues involved in their divorce (such as child custody or division of property), they will need to present their case in court.
Does Being a No-Fault State Make Divorce Easier?
Yes, being a no-fault state can make divorce easier for both parties involved. When couples do not have to prove fault or assign blame to be granted a divorce, they can focus on the essential issues that must be settled during the divorce process, such as child custody, spousal support, and property division. Additionally, no-fault divorces are often cheaper and less time-consuming than traditional divorces.
How Does a No-Fault Divorce Compare to a Fault Divorce?
A no-fault divorce is much different from a fault divorce. In a fault divorce, one party can present a case that the other was at fault for the dissolution of the marriage. This can be difficult to do and often requires lengthy court proceedings. The judge can rule based on the behavior of each party.
In contrast, with a no-fault divorce, neither party is required to assign blame. This often makes the process much simpler and quicker, as the judge does not consider fault or blame when deciding. Additionally, both parties can often negotiate a settlement without going through formal court proceedings.
Do I Need an Attorney for a No-Fault Divorce?
Yes. It is highly recommended that you seek the advice of an experienced family law attorney when filing for a no-fault divorce. An attorney can help ensure all paperwork is filed correctly and all legal requirements are met. They can also advise and guide you on approaching any contested issues in your divorce, such as child custody or property division. Having a knowledgeable lawyer on your side will help protect your rights as you go through the divorce process.
Work with An Expert Family Law Attorney
If you are considering filing for divorce in Colorado, speaking with an experienced attorney who can help is important. At Philip Goldberg PC, we represent parties in the dissolution of marriage. We believe in compassionate legal services. Contact us today to schedule a consultation.
