Quick Answer

In Colorado, you don’t need to prove your spouse did anything wrong to get a divorce. The only requirement is that the marriage is “irretrievably broken” meaning it cannot be repaired. This is called a no-fault divorce. Unlike other states, infidelity doesn’t affect property division, spousal support, child support, or custody. However, “no-fault” doesn’t mean “quick” or “simple” divorces involving assets, children, or disagreements can still take 12-24 months. Biondino Law Firm experienceds divorce attorney in Denver helps clients navigate property division, spousal maintenance, and custody arrangements to protect their interests throughout the process.

What Does “No-Fault Divorce” Actually Mean?

In Colorado, the only legal ground for divorce is that the marriage is “irretrievably broken.” This means the relationship cannot be repaired. You do not have to prove adultery, abuse, abandonment, or any other wrongdoing. If one spouse believes the marriage is beyond repair, the court can grant the divorce.t

Unlike fault-based states, Colorado focuses on resolving issues like property division, spousal maintenance, child custody, and child support instead of determining who caused the marriage to end.

Why Colorado Uses a No-Fault Divorce System

Colorado adopted a no-fault divorce system to reduce conflict and encourage fair resolutions. Rather than spending time proving fault, couples can focus on reaching agreements about finances, property, and parenting. While this often makes the process less stressful, divorces involving children, significant assets, or disagreements can still be complex and require experienced legal guidance.

Does Infidelity Matter in Denver Divorce Cases? The Straight Answer

Here’s the question I hear most often at Biondino Law Firm: “My spouse cheated on me. Doesn’t that affect the divorce?”

The answer is clear: No.

Under Colorado Revised Statute §14-10-113, infidelity cannot influence property division, child support, parenting time (custody), or spousal maintenance. The court will not consider it. Denver judges will not allow you to spend court time arguing about an affair. The law is explicit: infidelity is legally irrelevant to the outcome of your Colorado divorce case.

This surprises many people—particularly those who feel betrayed. You might believe your unfaithful spouse should be “punished” by losing the house, paying more child support, or losing time with the children. Unfortunately, Colorado law doesn’t work that way. The no-fault system removed fault-based punishment from divorce entirely.

But let’s be clear about what this actually means in practice:

Infidelity does NOT affect:

• Child support amounts (calculated by Colorado’s child support guidelines based on income)
• Parenting time (custody decisions based on the “best interest of the child”)
• Property division (based on equitable distribution principles, not punishment)
• Spousal maintenance awards (based on financial need and ability to pay)

Example: A high-income spouse who had an affair will still pay child support according to Colorado’s income-based formula. They won’t pay extra as punishment. Conversely, a lower-income spouse who was unfaithful won’t lose custody of their children simply because of the infidelity.

When Does Conduct Actually Matter in a Colorado Divorce?

This doesn’t mean all conduct is irrelevant. There are specific circumstances where a spouse’s behavior can affect divorce outcomes but these are narrow exceptions focused on parenting fitness and financial misconduct, not personal betrayal.

Conduct that CAN affect custody decisions:

• Domestic violence toward the other spouse or children
• Substance abuse that endangers the children
• Neglect or abuse of the children
• Parental unfitness (such as criminal convictions involving child welfare)

Conduct that CAN affect property division:

• Hiding assets or income
• Running up massive joint debt intentionally
• Fraudulently transferring marital property
• Dissipating marital assets before divorce filing

These aren’t about “fault” in the traditional sense—they’re about financial integrity and child safety. A Denver divorce attorney can argue that one spouse’s financial misconduct warrants adjustment in property division to restore fairness. But infidelity alone? It carries zero weight in Colorado courts.

Is Legal Separation Required Before Filing for Divorce in Denver?

One advantage of Colorado’s no-fault divorce system is its simplicity regarding waiting periods. Unlike some states that require couples to live separately for a specific duration before divorce is finalized, Colorado does not mandate legal separation as a prerequisite.

You can file for divorce directly. There’s no requirement to first obtain a legal separation. This can save considerable time and legal fees, particularly if both spouses are ready to move forward.

That said, legal separation remains an option if you need it. Some couples choose legal separation because of religious beliefs, uncertainty about whether they want to fully divorce, or health insurance concerns (a legally separated spouse can sometimes remain on the other’s health plan). Legal separation addresses the same issues as divorce—property division, custody, support—but stops short of ending the marriage. A legal separation can later be converted to a divorce if desired.

Colorado’s No-Fault Divorce Timeline: What to Expect

Understanding the timeline for a Colorado no-fault divorce helps you set realistic expectations. At Biondino Law Firm, we’re honest about this: “no-fault” doesn’t mean “fast.”

The 91-Day Waiting Period

Colorado law mandates a 91-day waiting period from the date you file your divorce petition until it can be finalized. This is non-negotiable. Even if you and your spouse completely agree on everything—property division, custody, spousal support—you cannot finalize the divorce before 91 days have elapsed. The legislature built this in as a “cooling-off period,” giving couples time to reflect on their decision.

Simple, Uncontested Divorces: 3-4 Months

If your divorce is straightforward—minimal assets, no children, or both spouses in complete agreement—the total timeline from filing to finalization could be 3-4 months. Your Denver family law attorney will handle paperwork, both spouses will sign settlement agreements, and the judge will rubber-stamp the finalization.

Contested Divorces with Assets: 12-24 Months

Most divorces that involve property division, spousal maintenance, or custody disputes take 12-24 months. Why? Because discovery takes time. Your attorney and your spouse’s attorney exchange financial documents, bank statements, tax returns, and investment account statements. Disagreements must be negotiated. If negotiations fail, the case moves toward trial preparation.

Complex, High-Asset Divorces: 18+ Months

If the divorce involves a family business, significant real estate holdings, stock options, retirement accounts requiring QDRO transfers, or custody disputes, the timeline extends further. Business valuations can take months. Expert witnesses may be needed. Property appraisals, financial analysis, and forensic accounting all add time.

The key takeaway: The “no-fault” part of Colorado divorce law doesn’t eliminate the complexity of property division or custody determination. It only removes the need to prove fault. If you have significant assets or contested custody issues, your Denver divorce will take time.

How Spousal Maintenance (Alimony) Works Under Colorado’s No-Fault System

One area where no-fault divorces still follow clear rules is spousal maintenance—what most people call alimony. Many people assume that if you were married for a long time, the lower-earning spouse automatically receives spousal support. That’s not accurate.

Colorado Revised Statute §14-10-114 governs spousal maintenance. The law is clear: maintenance is not automatic. It’s awarded only when specific criteria are met. A divorce attorney in Denver can help you understand whether maintenance applies to your situation and how the formula affects your case.

When Spousal Maintenance Is Awarded in Colorado

Criterion 1: The Marriage Must Have Lasted at Least Three Years

Short marriages (under three years) rarely result in spousal maintenance. The logic is that the lower-earning spouse had limited time to become dependent on the higher earner’s income. If you were married for two years, spousal maintenance is unlikely unless extraordinary circumstances exist.

Criterion 2: The Lower-Earning Spouse Cannot Fully Support Themselves

The court examines whether the lower-earning spouse has sufficient income to meet their reasonable needs. If they do, maintenance isn’t awarded—regardless of the income gap. The court might say: “You earn $45,000 per year, which is sufficient to pay your living expenses. Maintenance is not necessary.”

Criterion 3: The Higher-Earning Spouse Has the Financial Ability to Provide Support

The higher-earning spouse’s ability to pay matters. If the higher earner is themselves struggling financially, the court won’t order maintenance they can’t afford.

Colorado’s Spousal Maintenance Formula

When all three criteria are met, Colorado uses a presumptive formula to calculate maintenance:

Maintenance = (40% of Higher Earner’s Gross Monthly Income) − (50% of Lower Earner’s Gross Monthly Income)

Here’s a practical example:

• Higher earner: $8,000/month gross income
• Lower earner: $2,500/month gross income
• Calculation: (40% × $8,000) − (50% × $2,500) = $3,200 − $1,250 = $1,950/month

The lower earner would receive $1,950 per month in spousal maintenance.

It’s important to note: This is the presumptive amount. The actual amount can be adjusted based on other factors the court considers (discussed below). But this formula is the starting point for most Colorado divorce cases.

Duration of Spousal Maintenance

How long does spousal maintenance last? That depends on the length of the marriage:

• Marriages under 5 years: Maintenance typically lasts 30-50% of the marriage length
• Marriages 5-10 years: Maintenance typically lasts 30-50% of the marriage length
• Marriages 10-15 years: Maintenance typically lasts 50-70% of the marriage length
• Marriages 15-20 years: Maintenance typically lasts 75-100% of the marriage length
• Marriages over 20 years: Maintenance may be “indefinite” (permanent, with possibility of modification)

Factors That Adjust Maintenance Up or Down

While Colorado uses a formula, courts can adjust the presumptive amount based on 10 statutory factors:

1. The age of both spouses
2. The physical and mental health of both spouses
3. The income-earning ability of each spouse
4. The standard of living during the marriage
5. The property division agreed upon (if one spouse receives more assets, maintenance may be lower)
6. The time needed for the lower-earning spouse to obtain training for self-support
7. Parenting responsibilities and childcare costs
8. Custody arrangements
9. Significant financial or business interests
10. Any other relevant factors

Example: A 55-year-old lower earner who has been a homemaker for 20 years may receive higher maintenance than a 35-year-old with good job prospects. A spouse who receives the marital home (valuable asset) might receive lower maintenance to balance the property division.

When Spousal Maintenance Ends

Maintenance isn’t necessarily forever. It terminates when:

• Either spouse dies
• The receiving spouse remarries
• The receiving spouse begins cohabiting with another person (in many cases)
• A specific termination date agreed upon is reached
• The parties agree to modify or terminate

Property Division in Colorado No-Fault Divorces: Equitable Distribution Explained

While spousal maintenance follows a formula, property division is more complex. Colorado uses “equitable distribution”—which does NOT mean 50/50.

Marital Property vs. Separate Property

The first step in any Colorado divorce is identifying what property is subject to division.

Marital Property includes anything earned or purchased during the marriage, regardless of whose name is on it. Examples include:

• Income earned by either spouse during marriage
• The marital home, even if purchased with one spouse’s down payment
• Retirement accounts funded during the marriage
• Businesses started during the marriage
• Investment accounts opened during the marriage
• Vehicles purchased during marriage

Separate Property includes assets owned before the marriage, inherited during the marriage, or received as a gift to one spouse. Examples include:

• Property owned before marriage
• Inheritances (typically remain separate, even if received during marriage)
• Gifts given to one spouse specifically
• Personal injury settlements (generally separate)
• Property acquired after the date of separation

The distinction matters enormously. Marital property is subject to equitable division. Separate property generally goes to the spouse who owns it.

Colorado’s 12-Factor Equitable Distribution Standard

Colorado Revised Statute §14-10-113 provides that marital property shall be divided “as the parties agree, or, in the absence of an agreement, as the court orders in accordance with the following principles”:

The court considers 12 specific factors:

1. The contribution of each spouse to the acquisition of marital property
2. The value of separate property
3. The conduct of the parties during the marriage (financial conduct, not infidelity)
4. The custodial provisions for children
5. The economic circumstances of each spouse
6. The increase or decrease in the value of separate property during the marriage
7. The tax consequences to each spouse
8. Retirement benefits and pension rights
9. The present and future earning capacity of each spouse
10. The desirability of retaining the marital home
11. The length of the marriage
12. The ability and willingness to pay debts

Example: In a 20-year marriage where the higher-earning spouse built a successful business (started during marriage) while the lower-earning spouse raised children and managed the home, the court might award:

• A significant portion of the business value to the higher earner (who earned it through their labor)
• The marital home to the lower earner (who contributed through homemaking and child-rearing)
• Retirement accounts split between them
• Spousal maintenance to support the transition

This is “equitable”—fair given the circumstances—but not necessarily equal.

No-Fault Divorce and Child Custody in Denver

While Colorado’s no-fault system removes infidelity from consideration, it doesn’t eliminate the need to determine custody and child support. These remain critical issues that courts must address.

The “Best Interest of the Child” Standard

In any custody determination, Colorado courts apply the “best interest of the child” standard. The court considers factors such as:

• The wishes of the child (if old enough to express them)
• The relationship between the child and each parent
• The child’s adjustment to home, school, and community
• The physical and mental health of all parties
• The ability of each parent to meet the child’s needs
• Each parent’s involvement in the child’s schooling and activities
• The stability of each parent’s home

Notably, infidelity is not on this list. A parent’s affair does not affect their custody rights unless it directly impacts their parenting ability (for example, if the affair involved the child or created an unsafe living situation).

Child Support in No-Fault Divorces

Colorado uses income-based child support guidelines. The court calculates support based on:

• Both parents’ gross income
• The percentage of parenting time each parent has
• Childcare costs
• Health insurance costs for the child
• Other factors

Like spousal maintenance, infidelity doesn’t factor into the calculation. A wealthy spouse who was unfaithful still pays child support according to the guidelines. A lower-income spouse who was unfaithful doesn’t pay less.

Denver-Specific Considerations for No-Fault Divorces

Denver’s legal market and demographics create some unique considerations for no-fault divorces. Working with a knowledgeable divorce attorney in Denver ensures you understand how these local factors affect your case.

High-Income Tech Workers and Equity Compensation

Denver’s growing tech sector means many divorces involve stock options, restricted stock units (RSUs), and deferred compensation. These assets must be valued and divided. Unlike infidelity (which is irrelevant), the characterization of equity as marital or separate property is crucial. An attorney experienced in Denver divorces understands the nuances of equity compensation.

Denver Real Estate Appreciation

Denver real estate has appreciated significantly over the past decade. If you purchased a home before marriage and it appreciated substantially during the marriage, determining how much of that appreciation is marital property is essential. The principal residence exemption and other factors come into play. A Denver family law attorney will ensure the home is properly valued and divided.

High-Income Professional Couples

Denver is home to doctors, lawyers, engineers, and business owners. These cases often involve complex assets, professional licenses, and significant earning potential. Spousal maintenance calculations for high-income earners require careful attention to tax implications and adjustments to the presumptive formula.

Local Court Culture

Denver’s District Courts have a well-established approach to no-fault divorces. Judges in the Denver area are experienced, pragmatic, and focused on settlement. They’re skeptical of fault arguments (even when parties try to sneak them in). An attorney familiar with Denver judges knows how to navigate the local legal culture effectively.

Common Misconceptions About No-Fault Divorce in Colorado

Let me address a few myths I encounter regularly at Biondino Law Firm:

Myth 1: “No-Fault Divorce Means My Spouse Can’t Contest Anything”

False. While your spouse can’t stop the divorce itself, they can absolutely contest property division, spousal maintenance, and custody. A no-fault divorce doesn’t prevent disagreement—it just prevents fault-based arguments.

Myth 2: “My Affair Won’t Matter, So Why Worry About It?”

The affair itself doesn’t affect the divorce outcome. But if infidelity-related conduct (like hiding marital assets to pursue the affair) caused financial harm, that conduct can affect property division. The affair is irrelevant; the financial misconduct is relevant.

Myth 3: “No-Fault Divorce Is Always Cheaper and Faster”

Not necessarily. A no-fault divorce with complex property division and custody disputes can be expensive and lengthy. The “no-fault” aspect only simplifies the grounds for divorce—not the division of assets or custody determination.

Myth 4: “I Can Represent Myself in a No-Fault Divorce”

In simple, fully agreed-upon cases (no children, minimal assets, both parties willing to cooperate), you might handle paperwork yourself. But in most cases—especially those involving significant assets, children, or any disagreement—legal representation is crucial to protecting your interests.

Protecting Yourself: Essential First Steps

If you’re considering a no-fault divorce in Denver, here are critical steps:

Gather Financial Documents

Collect:

• Bank statements (at least 3 years back)
• Tax returns (last 5 years)
• Retirement account statements
• Investment account statements
• Mortgage documents and property deeds
• Business financial statements (if applicable)
• Credit card and loan statements

Understand Your Assets

Create a comprehensive list of marital and separate property. Know approximate values. Identify what’s subject to division and what’s protected as separate.

Protect Your Credit

Review your credit report. Check for joint accounts and loans. Consider your credit situation during the divorce process.

Document Digital Assets

Modern marriages include digital property: online business income, cryptocurrency, domain names, digital files, email accounts with financial importance. Document these.

Consult with a Denver Divorce Attorney

Before making any major financial decisions or signing agreements, speak with a lawyer experienced in Colorado no-fault divorces. The consultation investment now can prevent costly mistakes later.

FAQs

If my spouse cheated, can I get more in the divorce settlement?

No. Colorado law ignores infidelity in property division, spousal support, and custody decisions. The court won’t award you “extra” assets because your spouse was unfaithful. However, if infidelity involves financial misconduct (like hiding marital assets), that conduct can affect property division.

Can my spouse refuse the divorce?

Your spouse cannot stop the divorce if you’ve filed it. If one spouse believes the marriage is irretrievably broken, Colorado law allows the divorce to proceed. However, your spouse can contest property division, spousal support, and custody.

How much does it cost to file for divorce in Colorado?

Court filing fees in Colorado are typically $300-$500. Attorney fees depend on the complexity of your case. Simple, uncontested divorces might cost $1,500-$3,000 in attorney fees. Contested divorces with assets can cost $10,000-$50,000+ depending on how long the case takes.

What happens to my retirement account (401k, IRA) in the divorce?

Retirement accounts funded during the marriage are marital property subject to division. If your spouse receives part of your 401(k), a Qualified Domestic Relations Order (QDRO) is needed to transfer their portion without early withdrawal penalties. IRAs can be divided with a direct transfer. An attorney will ensure this is done correctly to avoid tax consequences.

Will I have to pay spousal maintenance if I’m the higher earner?

If the marriage lasted 3+ years, the lower earner cannot support themselves, and you have the ability to pay, the presumptive formula applies. However, adjustments are possible based on factors like property division, child support, and other circumstances.

Can we get divorced quickly if we agree on everything?

You still must wait 91 days from the filing date. A fully agreed-upon divorce can be finalized as quickly as 3-4 months, but not before the 91-day period passes.

Does my spouse’s conduct during the marriage affect custody?

Infidelity alone does not affect custody. But conduct that impacts parenting fitness such as substance abuse, domestic violence, neglect, or abuse of the children can affect custody decisions.

What if my spouse hides assets during the divorce?

Divorce hidden assets are a form of financial misconduct that can be penalized in property division. If you suspect hidden assets, your attorney can conduct discovery to uncover them. A spouse who hides marital property may receive a smaller share of remaining property as a consequence.

Choosing the Right Denver Divorce Attorney for Your No-Fault Divorce

Biondino Law Firm experienced divorce attorney in Denver has guided hundreds of clients through the complexities of no-fault divorces. We understand Colorado divorce law, local court culture, and the nuances of high-asset property division, spousal maintenance, and custody disputes.

Whether your divorce is straightforward or complex, our experienced attorneys will:

• Explain Colorado’s no-fault divorce process clearly
• Protect your interests in property division and support
• Advocate effectively for custody arrangements that benefit your children
• Explore settlement options before litigation
• Represent you aggressively if trial is necessary

A no-fault divorce doesn’t mean you don’t need skilled legal representation. It means the grounds for divorce are straightforward—but everything else still requires expertise.

Next Steps

If you’re considering a no-fault divorce in Denver, schedule a confidential consultation with Biondino Law Firm. We’ll discuss your specific situation, explain your rights and options, and outline a strategy tailored to your needs.

Contact Biondino Law Firm Today

We serve clients throughout Denver and the surrounding areas. Our experienced family law attorneys understand Colorado divorce law and are committed to protecting your interests every step of the way.

Key Takeaways

• No-fault divorce in Colorado requires only that the marriage be “irretrievably broken” no need to prove infidelity, cruelty, or other fault
• Infidelity does not affect property division, spousal support, child support, or custody decisions in Colorado
• The 91-day waiting period is mandatory from filing to finalization, even in fully agreed upon cases
• Spousal maintenance follows a formula but only when the marriage lasted 3+ years, the lower earner can’t support themselves, and the higher earner has ability to pay
• Property division uses equitable distribution fair but not necessarily 50/50 based on 12 statutory factors
• Custody decisions focus on the child’s best interest; infidelity is irrelevant
• Complex divorces (with assets, businesses, or custody disputes) typically take 12-24 months despite the no-fault system
• Legal representation matters even in no-fault divorces to protect your interests in property division and support

A no-fault divorce isn’t automatically simple, fast, or inexpensive. But it removes unnecessary conflict and allows both spouses to focus on practical solutions. At Biondino Law Firm, we help Denver families navigate this process with clarity, compassion, and legal expertise.

If you have questions about your situation, we’re here to help. Call (720) 706-5151.