What Does “no Fault” Mean in a Divorce?

Are you looking into divorce but need help figuring out where to start? If you’re considering divorce, you might have heard about “no-fault divorce,” but you’re not exactly sure what that means or if it’s the right option for you. Facing the idea of divorce can feel crushing when you’re dealing with emotions, especially when you add complex legal language. In this blog, we’ll break down the basics of a no-fault divorce to help you see if it fits your situation.

Remember, you don’t have to navigate this alone. The experienced team at Plog & Stein P.C. is here to help, offering client-focused service and a history of positive results. Call or contact us online to get support today.

KEY TAKEAWAYS:

• No Proof of Wrongdoing — In a Colorado no-fault divorce, neither spouse must prove infidelity, cruelty, or abandonment. You only need to state that the marriage is “irretrievably broken,” simplifying the process and reducing conflict.
• Simpler and Less Stressful — Because fault isn’t argued, couples avoid blame battles and lengthy trials. This makes it easier to maintain civility, especially when children are involved.
• Financial Responsibility — Each spouse typically pays their own attorney fees, though courts can require one to assist if there’s a large financial imbalance. This ensures fairness in access to legal support.

Table of Contents

1. KEY TAKEAWAYS:
2. What Is No-Fault Divorce?
3. At-Fault Divorce: What’s the Difference?
4. What Does No-Fault Divorce Mean for You?
5. Who Pays for a No-Fault Divorce?
   1. Start Your Case Evaluation Here
6. How Long Does a No-Fault Divorce Take?
7. Steps for Starting a No-Fault Divorce
8. Move Forward Confidently with Plog & Stein P.C.

What Is No-Fault Divorce?

A no-fault divorce allows you to file for divorce without proving that your spouse did something wrong. This type of divorce is often more straightforward and less stressful because it avoids arguments over who caused the marriage to end. Instead, you simply need to say that the marriage has broken down beyond repair—this is often called “irreconcilable differences.” Most states, including Colorado, allow no-fault divorces, making it an option for many couples.

In a no-fault divorce, neither spouse has to prove infidelity, abuse, or any other fault. Instead, both people can agree that the marriage just isn’t working, and they’re ready to move on.

At-Fault Divorce: What’s the Difference?

Some divorces are still based on fault, meaning that one spouse claims the other is responsible for ending the marriage. In an at-fault divorce, you might have to provide evidence of wrongdoing like abuse, adultery, or abandonment. Fault-based divorces are usually more complicated and time-consuming since they may involve proving serious accusations in court.

While Colorado is a no-fault divorce state, other states have at-fault divorces, which can impact decisions like alimony and property division. However, if you live in Colorado, proving fault is not a requirement for divorce.

We understand the emotional toll of divorce—our goal is to help you navigate it with dignity and respect. Contact one of our attorneys today. Plog & Stein are ready to stand by your side and help you through this difficult time. Contact Us

What Does No-Fault Divorce Mean for You?

A no-fault divorce can offer a less stressful and quicker process. Without the need to prove fault, there’s usually less fighting and fewer court appearances. This approach helps couples avoid some of the more painful aspects of divorce, especially if they have children and want to keep things as peaceful as possible. It also saves money since no-fault divorces often resolve faster than at-fault ones.

For many, no-fault divorce allows them to move forward with fewer conflicts. This is especially helpful if both spouses are ready to start fresh and leave the marriage behind without arguing over blame.

Who Pays for a No-Fault Divorce?

Many people have a big question: Who pays for a no-fault divorce? Typically, each spouse is responsible for their own legal fees. However, in some cases, one spouse may ask the court to have the other spouse cover their costs. This request might happen if there’s a large income gap between spouses or one spouse can’t afford the fees independently. The judge will decide if this request is reasonable based on the financial situation of both spouses.

Since Colorado follows no-fault divorce laws, judges usually avoid assigning blame, even when deciding who pays for legal fees. However, consulting knowledgeable lawyers like the Plog & Stein team can help you understand your options and ensure a fair outcome.

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How Long Does a No-Fault Divorce Take?

The length of a no-fault divorce can vary depending on the complexity of the situation. In Colorado, a no-fault divorce has a minimum waiting period of 90 days from the time the divorce is filed until it can be finalized. This waiting period allows both parties to consider their decisions and potentially reach agreements on child custody, support, and property division.

If you and your spouse can agree on the major aspects of your divorce, the process might be quicker. However, if there are disagreements that require more time to settle, it could take several months longer. Working with an experienced attorney like our team at Plog & Stein P.C. can make a big difference, as we can help guide you through each step and work to keep things moving smoothly.

Steps for Starting a No-Fault Divorce

If you think a no-fault divorce might be right for you, here’s a quick three-step guide to get started:

• Consult an attorney. Talking to a family law attorney should be your first step. They can explain the specific rules that apply not only in Colorado but also to your specific situation and answer any questions you may have.
• File for divorce. After your consultation, your attorney can help you file the necessary paperwork with the court. In Colorado, the paperwork typically includes a petition for dissolution of marriage.
• Agree on terms. Work with your spouse to agree on major issues like custody, property division, and support. An experienced lawyer can assist with negotiations to help both sides reach a fair agreement.

By following these steps, you can confidently start your no-fault divorce and avoid some of the common stresses.

Move Forward Confidently with Plog & Stein P.C.

If you’re facing a no-fault divorce in Colorado, let the skilled attorneys at Plog & Stein P.C. guide you through this emotionally draining and challenging time. With over 50 years of combined experience, we provide personalized strategies to help you make informed decisions. Our team offers competitive rates and unbundled services tailored to your needs. Contact us today online or by phone to set up a consultation, and let us help you navigate your divorce with confidence and care.