Grounds for Divorce - Asking a Colorado Springs Attorney

Divorce Grounds in Colorado Springs

Colorado law with regard to divorce hasn't always been what it is now. In earlier versions of the law, there was a tendency to fix the cause or the blame for the divorce on one spouse or the other. For example, one spouse may have been excessively cruel or could be a "habitual drunkard" and so on and so forth. The modern form of the law however, recognizes the realities of marriage and accepts the fact that surface appearances belie the complications of a situation and has modified the grounds for divorce in Colorado.

A better understanding of marriage conditions pushed through changes that have become the revised statutes today. Divorce proceedings no longer attempt  to fix the blame on any one spouse, but are "no fault" in nature. The only grounds for divorce now is "Irretrievable breakdown" as laid forth in Title 14, Article 10, Section 102 of the Colorado Revised Statutes.

Arriving at Irretrievable Breakdown

The easiest way for a court to arrive at a finding of irretrievable breakdown is for both the parties to swear under oath that the marriage is indeed beyond redemption. Such a finding can also be arrived at if one of the spouses claims a broken marriage and the other does not deny it. In such cases, the court will make a finding of Irretrievable breakdown after an initial hearing.

Things get a little more complex if one of the spouses denies the breakdown. In such a case, the court must inquire what prompted the first party to make such a claim. At its discretion, the court will either make a finding of irretrievable breakdown then and there, or post the matter for further hearing which must take place at least thirty days later. The court may also suggest that the two parties attend counseling sessions. At the next hearing, the court will determine whether the marriage has broken down or not.

Role of a Colorado Divorce Attorney

A Colorado divorce attorney will help you represent the facts of your divorce in a way that brings you the most benefit. At Clawson & Clawson, we treat each case with the care and detail it deserves and take the burden of the court proceedings and filings out of your hands. You have enough on your plate to worry about without undergoing further hassles. Contact us for a consultation and rest assured that you're in good hands.