Is Colorado a No Fault Divorce State?

In Colorado, the term “no-fault” is frequently used, but its practical application in a courtroom is often misunderstood. For clients of Perrino Law Firm in Colorado Springs, Castle Rock, and Monument, understanding the distinction between “fault as a ground for divorce” and “conduct as a factor in financial outcomes” is critical.

Colorado is a “pure” no-fault divorce state. This means the legal system has largely decoupled the reason for the marriage’s end from the legal process of ending it. However, while “fault” doesn’t matter for the decree itself, recent 2026 legislative shifts have introduced high-stakes nuances regarding how conduct affects your wallet and your children.

The Statutory Standard: “Irretrievably Broken”

Under C.R.S. § 14-10-106, the only legal ground for a dissolution of marriage in Colorado is that the marriage is “irretrievably broken.” * 

• No Proof of Wrongdoing: You do not need to prove adultery, abandonment, or cruelty. If one spouse testifies under oath that the marriage cannot be saved, the court must grant the divorce, even if the other spouse disagrees.
• The Death of “Defenses”: Older legal defenses like “condonation” (forgiving the spouse) or “provocation” are obsolete. The 4th Judicial District (El Paso County) and 18th Judicial District (Douglas County) courts will not hear testimony on who “caused” the breakup when deciding whether to grant the decree.

The “Adultery” Misconception

A common question we hear in a Colorado Springs divorce is: “My spouse cheated; don’t I get more of the house?” Statutorily, the answer is no. Under C.R.S. § 14-10-113, Colorado courts are explicitly directed to divide marital property “without regard to marital misconduct.” Being a “bad spouse” does not carry a financial penalty in the eyes of the law—with one major exception: Economic Fault.

Expert Nuance: Dissipation of Assets

If your spouse spent marital funds on an affair (e.g., hotel rooms, expensive gifts, or travel), this is considered dissipation of assets or “marital waste.” While the act of cheating doesn’t matter, the spending of marital money does. An expert attorney can petition the court to “re-capture” those funds into the marital estate, awarding you a larger share of the remaining assets to balance the scales.

The 2026 Shift: SB 25-116 and Spousal Maintenance

While Colorado remains “no-fault,” this law allows judges to consider specific types of misconduct when determining spousal maintenance (alimony).

The court may now deviate from standard maintenance guidelines if there is evidence of:

• Coercive Control: A pattern of behavior used to dominate or isolate a partner.
• Economic Abuse: Restricting access to money or sabotaging a spouse’s employment.
• Litigation Abuse: Using the court system to harass or financially drain the other party.

Why this matters: In the past, a victim of domestic abuse might have been legally forced to pay maintenance to their abuser. Under the 2026 standards, our attorneys can argue that such an award is inequitable based on the abuser’s conduct.

Does Fault Affect Custody?

In Colorado, custody (technically called “Parental Responsibilities”) is determined by the “Best Interests of the Child” standard under C.R.S. § 14-10-124.

While “fault” in the marriage (like an affair) usually has no impact on custody, conduct that affects the child’s well-being is paramount. Issues such as substance abuse, domestic violence, or one parent’s attempt to alienate the child from the other parent are not “no-fault” issues; they are central to the court’s decision-making process.

Summary for the 2026 Litigant

Topic	Does “Fault” Matter?	Legal Authority
Grounds for Divorce	No	C.R.S. § 14-10-106
Property Division	No (Unless Economic Waste)	C.R.S. § 14-10-113
Maintenance (Alimony)	Yes (New 2026 Abuse Standards)	SB 25-116 / C.R.S. § 14-10-114
Custody	Only if it affects the child	C.R.S. § 14-10-124

Find an Experienced Divorce Attorney in Colorado Springs

“No-fault” does not mean “no-consequences.” Whether you are protecting your assets from a spouse’s reckless spending or navigating the new 2026 maintenance laws, you need a firm that understands the technicalities of the Colorado Revised Statutes.

At Perrino Law Firm, we provide expert advocacy for clients in Colorado Springs, Castle Rock, and Monument. We know how to move past the emotions of “fault” to secure the financial and parental outcomes you deserve.

Would you like to speak with an experienced Colorado divorce lawyer? Click Here to Contact Perrino Law Firm for Your Free Initial Consultation or call us at 719-400-1122 to schedule your strategy session.