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What is an irretrievably broken marriage?

On Behalf of | Jul 11, 2023 | Divorce |

If you want to dissolve your marriage in Colorado, you don’t need to prove grounds for your decision. As a no-fault state, you can file for a divorce on the grounds that the marriage is irretrievably broken. But what does this mean?

Here is what you should know:

Nothing can be done to repair it

Irretrievably broken means nothing can be done to repair the marriage. You and your spouse don’t need to agree to it – you can request the divorce by yourself. Thus, your spouse may not have grounds to permanently stop you from doing so. 

The average timeframe for uncontested divorce is between 35-63 days. However, if one spouse denies that the marriage is irretrievably broken, the court may recommend that both parties seek counseling before proceeding.

Is it different? 

Compared to fault divorces, no-fault ones can be less stressful, as couples don’t need to prove any grounds. Besides, they can be quicker and cheaper.

How is property divided?

Colorado is an equitable distribution state, which means the court divides marital assets in an “equitable” manner, but not necessarily equal. Unlike in fault divorce states, marital fault is not considered when dividing assets in Colorado. However, if your spouse purposely engages in actions that cause you financial harm (economic misconduct/dissipation of assets), you may claim this in court to get an appropriate order. 

Despite ending your marriage on the grounds of irretrievably broken, the process may still be challenging. It may be best to get legal guidance to protect your interests throughout the process.    

Findalaw Network