Is Your Marriage Irretrievably Broken or Not?

a problematic marriageA divorce lawyer does not typically need to prove any fault on behalf of a client in a divorce case. Colorado follows the pure no-fault rules in divorce. It does not need the spouses to blame anyone for the breakdown of their marriage. The spouses only have to agree that their marriage is irretrievably broken. However, what happens when one of them does not agree? A divorce attorney in Colorado Springs, CO shares some insight:

Defining an Irretrievably Broken Marriage

An irretrievably broken relationship is the basis for most no-fault divorces. Some states refer to it as irreconcilable differences. This just means the spouses are no longer getting along as a married couple. They do not have to be hostile or antagonistic to each other for a marriage to be permanently over. They may simply no longer share the same goals in life, or they want to be with other people. The court does not need to know why. It only needs to know that both spouses agree that the marriage is beyond repair.

Resolving Spousal Disagreement

Most Colorado divorces are by mutual agreement. Both spouses agree there is no chance of saving the marriage. In these cases, the court will assume the marriage is over and grant the divorce. However, when one spouse disagrees that the marriage is irretrievably broken, the court has to look deeper into the matter. It might look into the circumstances that led to the petition for divorce. It will also look into whether reconciliation is possible.

If the court doubts the permanence of the breakdown, it may delay the divorce process for at least 35 days, but not more than 63 days. This is to give the spouses time to reconsider their decision to divorce.

Presenting Evidence

When there is a disagreement between the spouses about the breakdown of the marriage, they have to present evidence in court to prove their case. If you want a divorce because your spouse is abusive, you have to show proof of this in court. If you do not want a divorce because you believe you can resolve your differences, you have to show proof of that as well.

A no-fault divorce is easier for couples who agree their marriage is over. However, if there is a disagreement over this, a divorce attorney can help present evidence to convince the court one way or the other.