Not long ago, this Colorado Springs family law blog discussed no fault divorces and how a party must show that the marriage is irretrievably broken in order to be awarded a permanent dissolution of their relationship. As individuals no longer must prove fault in order to be granted divorces by the state courts, obtaining divorces can seem easier than they did in the past. However, there are a number of conditions that individuals must meet for their divorce requests to be honored by the state.
For example, a party filing for divorce must have lived in the state for at least 90 days before filing the petition to end the marriage. Also, divorces are not granted automatically. Courts will require parties to wait an additional 90 days to have their divorces finalized if the couple files together or 90 days from the time when the non-filing party was served with divorce papers.
A court can choose to hold off on divorce proceedings if the non-filing party presents any opposition to the divorce, such as claiming that the marriage is not irretrievably broken. However, few defenses exist to completely end divorce proceedings, other than proving that the courts lack jurisdiction over the matter and cannot rule on it.
Similar rules apply to individuals who are bound to their partners through civil unions, though all readers of this post are encouraged to consider discussing their family law questions with legal professionals who handle divorces in the state of Colorado. Different states and jurisdictions can follow different laws and for this, and other reasons, it is important that individuals who wish to pursue divorce have the best possible information from practitioners who work within their communities.