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Colorado is a no-fault divorce state. This means that a divorce can be granted even if only one spouse requests it. If one spouse affirms that the marriage is irretrievably broken, a factual basis exists to dissolve the marriage.

If one spouse petitions the court for dissolution of his or her marriage and the other spouse refuses to participate in the legal process, the divorce can be entered by default.

No. Colorado does recognize common-law marriage, but simply living together will not create a marriage. Both parties must also intend to be married and must hold themselves out as spouses. If the parties disagree whether a marriage exists, the court will consider many factors including, but not limited to, whether they filed tax returns as married, whether they held a ceremony or celebrated anniversaries, or whether they held property or funds jointly.

Yes. If you and your spouse agree on all aspects and details of your divorce and timely file all the applicable paperwork, the court may issue your divorce decree without requiring any court appearance. However, if there are minor children of the marriage, the parties must be represented by attorneys for the court to allow parties to waive their appearance at the final hearing, the Permanent Orders Hearing.

No. In Colorado, all marital assets and debts must be divided “equitably,” which does not necessarily mean 50/50. It is, however, fairly common for a 50/50 split to be considered equitable.