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No-Fault Divorce in Denver, CO
Separate Amicably with a No Fault Divorce
No-fault divorce is a foreign concept to many people going through the process. During a divorce, spouses may want to lay blame, or hold the other spouse accountable, for some perceived fault. Perhaps one spouse cheated, or broke promises that caused the divorce, and as a result, the other spouse is being forced to completely change their life, their lifestyles, and incur tremendous expense.
The responsible spouse should pay! However, the concept of no-fault means that a Colorado divorce court will not look into the reasons why the divorce is occurring, or why the marriage is failing. A divorce court will not change how it allocates property, or divides up parenting time and decision-making based on who is at fault.
Historically, divorce courts have considered fault when making decisions, and a few states still do. The question of fault would result in a different allocation of the assets and debts but especially marital support, or maintenance. A spouse who was responsible for the divorce, perhaps because they cheated on their spouse, would have to potentially pay more in spousal maintenance because of that.
States moved away from the concept of fault as a factor in divorce cases, and the allocation assets debts and award to maintenance because litigating fault was incredibly expensive and time consuming. Additionally, the damage done to the individuals by protracted litigation over the reasons for their failed marriage made avoiding the question a fault better for everyone involved.
Accordingly, Colorado divorce courts will not inquire as to a parties fault for the failed marriage. Even raising the issue of fault in a divorce proceeding can result in sanctions against a party, or their lawyer.
Going through a no-fault divorce? Call Modern Family Law today for trusted representation.
Irretrievably Broken Grounds in Divorce
Colorado divorce courts only inquire whether a marriage is irretrievably broken. This means that the marriage cannot be repaired. It only requires one party to believe this to be the case. It’s established by a party asserting the fact under oath to the court.
Colorado has a mandatory 90-day waiting period after divorce papers are served on the other party. This waiting further ensures that the marriage is in fact irretrievably broken, and that the parties are not just undergoing some temporary disagreement that can’t be solved. If, after the 90-day waiting period, one party still believes that the marriage cannot be saved, and the court must grant a divorce decree.
Assistance with the Permanent Orders Hearing
Prior to granting a divorce decree, a court must complete the following steps:
- Review evidence
- Take testimony
- Issue orders about the division of the marital estate
The hearing at the end of the divorce process is called a permanent orders hearing. If the parties are able to settle their case, then they file documentation with the court prior to the date set for their permanent orders hearing.
A permanent orders hearing is held if the parties are unable to settle their differences. Each side has the opportunity to present evidence with regard to assets, debts, parenting time, maintenance, and any other issues in their divorce case. Parties may hire experts to testify, evaluators, and even other lawyers to testify about attorney’s fees.
Preparation for this hearing is extremely important and top divorce lawyers spend weeks, if not months, preparing for this hearing. At the end of a permanent orders hearing, the judge will issue findings of fact, and orders dividing the marital estate awarding support and allocating attorney’s fees, as well as any other issues on which the parties request the court to rule.
Considering Mediation in Denver, CO?
Because permanent orders hearings are very expensive and can produce unexpected results, it’s often very much in a party’s best interest to fully explore settlement options. Mediation can prove to be better for all parties, with a more private feel for the parties. It can also save you time and money.
Many times in family law cases, there are issues that arise months or years after the initial case. If the parties have successfully used mediation or settlement to reach agreement, and avoid expensive litigation, they are most likely to view this as a legitimate tool to resolve any future disputes. On the other hand, if the parties have fully litigated the initial case, and were unable to settle the issues there by way of mediation, they are likely to again fully litigate the next dispute.
Whether through litigation or mediation, we can help. Call us at (303) 394-3030 to schedule your complimentary case review.