Colorado Springs No Fault Divorce Lawyers 

When is Fault a Consideration in Colorado Divorce?

Many clients seek our services when they discover their partner has engaged in an extra-marital affair. Unfortunately, we must explain that whether the spouse engaged in an affair is irrelevant. That is, Colorado does not care if your spouse cheated on you. Fault is not an issue that can be raised under Colorado law, although the actions of your spouse could potentially be taken into consideration in rare circumstances such as the following:

• When a party has depleted marital assets to their sole benefit, such as in the furtherance of an addiction or extra-marital affair, the court may take that into consideration in the ultimate division of assets.
• When one partner disposes of marital assets in furtherance of their addiction (i.e. gambling, sex, drugs), or for use in their affair (i.e. hotel rooms, jewelry, trips, etc.).
• When one partner incurs significant debt without the knowledge of the other party and the debt did not benefit the marriage.
• When marital assets were used in a venture without prior consent or knowledge of the other partner (i.e. a business venture where the other partner had no knowledge or did not consent) and that results in a financial liability.

In these instances, and if the non-violating partner can provide documentary proof of the use of marital assets, the court may be willing to order reimbursement of the marital assets used for these endeavors. Ultimately, the courts must issue financial orders that are equitable, not necessarily equal. While fault is not a consideration, the same sorts of actions may be used to argue that an unequal division is equitable under the circumstances.

When we evaluate these situations, we typically review bank statements, credit card records, loan documents, and any business records that might show where marital funds were directed. The judge in Colorado Springs is not looking to punish a spouse for bad behavior but may adjust how property or debt is divided if one person clearly diverted assets for a purpose that did not support the marriage. By carefully documenting the timing and amount of those transactions, we can present a clearer picture of what happened and why an uneven division of assets may still be fair under Colorado law.

We also help clients think through how raising these issues will affect the overall strategy of their case, particularly if children are involved or if there are complex assets such as a family-owned business or multiple real estate holdings. In some matters, negotiating a settlement that accounts for the misuse of marital funds can avoid the cost and emotional strain of a full evidentiary hearing in El Paso County. In others, especially where the financial misconduct is significant or ongoing, it may be necessary to present testimony and exhibits so the court can fully understand the impact on the marital estate.

How No Fault Divorce Works in Colorado Springs

Understanding how the no fault process actually moves through the courts can reduce a lot of stress. In Colorado, most divorces begin when one or both spouses file a petition for dissolution of marriage in the district court for the county where they live, such as El Paso County District Court for residents of Colorado Springs. After the petition is filed and served, there is a mandatory waiting period under Colorado law before the court can enter a final decree. During that time, the court can issue temporary orders about parenting time, support, and who will stay in the marital home while the case is pending.

For many couples, especially those who agree that their marriage is irretrievably broken, working toward an uncontested divorce in Colorado Springs can make the process more efficient and less expensive. We help clients gather the financial documents they will need, complete the required disclosures, and prepare proposed agreements on property division and parenting responsibilities. When spouses are able to reach agreement on these issues, the court’s role is primarily to review the paperwork, ensure it complies with Colorado statutes, and issue orders that reflect the parties’ arrangements. Even in a no fault case, having guidance on what judges in this area typically approve can prevent delays and surprises.

To set up a FREE initial consultation with our office to discuss your case, you can call our Colorado Springs no fault divorce lawyers at (719) 212-2448 or complete our contact form.

Frequently Asked Questions

Do Both Spouses Have To Agree To a No Fault Divorce in Colorado?

No. In Colorado, only one spouse needs to tell the court that the marriage is irretrievably broken. The other spouse can disagree or refuse to participate, but that does not prevent the case from moving forward. The court in Colorado Springs will still address property, support, and parenting issues even if one party does not want the divorce.

How Long Does a No Fault Divorce Take in Colorado Springs?

There is a minimum waiting period under Colorado law before a judge can finalize a divorce, so even simple cases take some time. The overall length of a case often depends on how quickly spouses exchange financial information and whether they can reach agreement on parenting and property issues. Contested matters with complex assets or high conflict can take significantly longer than a straightforward, agreed dissolution.

Can We Use Mediation in a No Fault Divorce?

Yes. Many couples use mediation to resolve disagreements about parenting time, decision-making, and how to divide property and debt. Courts in El Paso County often encourage or require mediation before a contested hearing, and it can be a useful tool for keeping control of the outcome rather than leaving decisions entirely to a judge. Mediation can also reduce the overall financial and emotional cost of the process.

Will the Court Consider Domestic Violence in a No Fault Divorce?

While the court does not assign blame for why the marriage ended, safety concerns are taken seriously when making decisions about parenting time and decision-making. A history of domestic violence or abuse can affect whether the court believes certain parenting arrangements are in the best interests of the children. In those situations, the court may consider protections such as supervised parenting time or structured exchanges.

Do We Have To Go To Court if We Agree on Everything?

In some cases, especially when there are no children and the agreement clearly follows Colorado law, the judge may be able to review the documents without requiring a formal hearing. When children or more complex assets are involved, a brief appearance may still be needed so the judge can confirm that the agreements are voluntary and appropriate. Even if a court date is required, agreed cases are usually shorter and less stressful than fully contested hearings.

Financial Implications of Fault-Related Actions

Forensic Accounting in Divorce When a divorce involves suspicions of financial misconduct—such as hiding assets, reckless spending, or using funds for an affair—uncovering these actions is crucial. Forensic accountants play a key role in this process by analyzing financial records, tracking transactions, and identifying any irregularities. Their work can help reveal hidden assets or improper use of marital funds, which can significantly impact the division of property. By presenting clear evidence, forensic accountants support a more equitable distribution of assets.

• Examples of Misuse of Marital Assets Misuse of marital assets can heavily influence divorce outcomes. Common examples include:
• Spending on a new partner: Using marital funds for gifts, trips, or other expenses related to a new romantic relationship depletes shared assets.
• Unauthorized withdrawals: Large withdrawals from joint accounts without the other spouse's knowledge can jeopardize financial stability and complicate asset division.
• Selling property without consent: Selling valuable assets like real estate or vehicles without the other spouse's approval can lead to significant financial loss.
• Secret debt: Accumulating debt for personal indulgences, such as gambling or affairs, without informing the other spouse can create financial liabilities that the wronged spouse may contest during the divorce.

These actions, if proven, can lead to adjustments in the division of assets, helping to ensure fairness for the wronged spouse.

To set up a FREE initial consultation with our office to discuss your case, you can call our Colorado Springs no fault divorce lawyers at (719) 212-2448 or complete our contact form.