If one spouse declares that the marriage is "irretrievably broken" then a
Decree of Dissolution will be entered by the Court regardless of the belief of the other spouse as to the possibility for reconciliation. Colorado is a no-fault divorce state. The Court will not inquire, nor permit testimony, of the wrongful actions of a spouse, infidelity, or other personal factors. While these factors may be personally important to one or both of the spouses, the Court is not charged with determining fault for the failure of the marriage and a Court may sanction a party or lawyer who attempt to raise fault as an issue.
A party may contest other aspects of the divorce, such as
child support, maintenance (alimony), division of debts, allocation of assets, parenting time and decision making for any minor children. If the parties cannot resolve these issues then a hearing will be held after 90 days at a time convenient to the Court to take testimony and issue Orders. This hearing is called a
Permanent Orders hearing. In the event of a
Permanent Orders hearing, the Court will make written findings of fact and incorporate those findings and Orders into a Decree of Dissolution.
If, on the other hand, the parties agree to all of the terms for the dissolution of their marriage they may submit documents to the Court, including a
Separation Agreement, which may obviate the need for a Permanent Orders hearing. In certain circumstances, that hearing may not occur at all. In that event, the Court will review the documents and sign a Decree, incorporating the
Separation Agreement, without a hearing.
A
Separation Agreement should discuss and resolve all issues of child support, parenting time, division of debt, allocation of assets, tax liability, maintenance (alimony) and all the other issues which are required by law or desired by the parties. It is generally the most important document in the divorce process and should be very carefully drafted by a professional.