No Fault Divorce/Dissolution and Waiting Period

Many people ask about the role that fault plays is dissolution. In most states however, it does not play a role. In Colorado the legal standard for a dissolution is irretrievable breakdown of the marriage. Essentially if one spouse feels that the marriage has ended, then the other spouse can not block a dissolution. The question about fault often arises from feelings of hurt surrounding negative marital conduct by the other party and a desire to have the court hear about the misconduct. Misconduct, such as adultery, desertion, and cruelty are not legally relevant to no-fault proceedings. In fact, because they are not relevant, a court will not hear such evidence. This may disappoint a party who believes that the court should hear about marital misconduct. Yet, the courts must focus on hearing evidence that relates to the decisions that they have to make.

However, the court can hear some evidence of misconduct relating to economic fault, such as using substantial amounts of marital funds to fund an extramarital affair. A mandatory injunction goes into place upon filing and service of the Petition that prevents dissipation of marital assets. The injunction is a court order to the parties to preserve marital assets to the maximum extent possible. For example, if a party dissipates marital assets after filing, a court may compensate the other spouse in asset allocation accordingly at trial. Dissipation is a matter of proof to the court.

There is a minimum 91-day waiting period after service or waiver of service before a court can issue a decree of dissolution. If the parties both sign the Petition for Dissolution or Legal Separation and file together, the waiting period begins on the date the Petition is filed with the Court. However, if one party files a Petition for Dissolution or Legal Separation and then serves the other spouse with a copy of the filing documents, the wait period begins on the day that service is accomplished. Therefore, a dissolution will take at least 91 days, and often takes longer. Some factors that dictate overall time with a case are the complexity of the case, the level of cooperation or conflict between the spouses or parents and court schedules. There are many cases in the court system.

An attorney can guide you through Colorado Springs domestic relations matters by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Colorado Springs Divorce and family law matters are difficult to navigate alone. The court system is more complex than it should be. Change can be stressful, however it can lead to a better future. Janko Family Law Solutions helps ensure that your best interests are protected and that you are aware of your legal rights and obligations.

Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.