In a no-fault divorce, a man or a woman does not have to prove wrongdoing on the part of the spouse. The spouse who is filing only has to give a reason that the state honors. For example, in the State of Colorado – a purely no-fault divorce state – the filing spouse can give the reason “irretrievable breakdown” of the marriage. This is also known as “irreparable breakdown” of the marriage, and “irreconcilable differences”.
No-fault divorce may seem like a more straightforward way to end a marriage, but in many cases, a divorce lawyer is necessary, as a divorce case may become too complicated. This is particularly true if you have minor children, money and/or assets, and just about anything that may bring about a heated contest. Lewis & Matthews, P.C. shares more information about the divorce process in Colorado.
All US states honor the decision of other courts when it comes to divorce. Every court expects the same kind of courtesy from all other courts, so they are likely to honor a divorce ruling wherever it was granted or denied.
Most states have a requirement in terms of residency. In Colorado, for example, you and your spouse must live here for a minimum of 90 days before filing a divorce petition.
If you and your spouse can agree on how to divide what you own, you can prove this to the judge by accomplishing a separation agreement. The court comes into the picture if you cannot agree on how to divide your property.
The court will first decide on the property that belongs to you alone and what belongs to your spouse alone. What you own before the marriage, or after you’ve legally separated, will remain yours. Any inheritance or gift you may have received is also yours. Anything you own that’s separate from the marital estate as proven by a valid agreement between you and your spouse, will likewise remain with you.
Whether you’re filing a petition for a no-fault divorce or a fault divorce in any state, it's highly advisable to hire a lawyer. This is particularly important if the divorce involves money, property, children, or anything that may cause a conflict between you and your spouse.