Often one spouse will hit their breaking point long before the other. Thankfully, Colorado is a no-fault divorce state. While all states have a no-fault divorce option, the grounds for divorce may vary.
In Colorado, no-fault divorce means that either party can obtain a divorce for any reason. This means that a court can not decline to grant a divorce or force you to remain in a marriage against your will. That’s the good news.
No-fault divorce also means that the reasons you are seeking a divorce are largely irrelevant to the legal proceedings. Divorce is a highly personal decision and an intimate process that most people don’t choose lightly. Therefore, once a person decides, they often feel that it is important to explain their reasons for seeking divorce and want the court to know the underlying reasons and justifications for the end of the relationship. As a result, many people want to have their day in court, they want to be heard and they want the court system to make findings that they were justified in seeking a divorce. This never happens.
The judge will accept your decision to end a relationship as a matter of right; therefore, the reasons for the dissolution of the marriage are not relevant and have no bearing on whether the divorce will be granted.
In cases involving children, domestic violence, sexual assault, harassment, stalking or other forms of imminent danger, it is important to address those underlying dynamics. In these cases, you may need to go to court so these issues can be addressed. Court orders, protection orders, criminal charges, forensic interviews, family investigations and litigated hearings can all be useful tools to keep people safe and establish boundaries in a previously unsafe relationship.
Please note: One person wanting to keep the other in a bad marriage can be a red flag. This can be a sign of an abusive dynamic and if this fits your situation, you may want to take a look at the power and control wheel. If tactics on the wheel apply to your situation, please talk to a therapist or call a local domestic violence shelter.