Mary Kay Kramer, P.C. Attorney at Law
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Understanding irretrievable breakdown in a Colorado divorce

For Colorado couples who are no longer able to sustain their marriage and are seeking a divorce, it is not as difficult to get one as it used to be. Whereas there were once a series of requirements to divorce in the state, it is now a simple matter of saying that the marriage is irretrievably broken. This can mean a variety of things have gone wrong in the marriage. Or it can just be that the couple wants to move on with their lives and end the marriage. However, since the term can be somewhat vague, it is important for those who are thinking about divorce to understand it and what it means when a marriage is irretrievably broken under the law.

When the parties have determined that the marriage is irretrievably broken via petition, by stating it to be the case and have done so under oath or affirmation, then it is presumed to be so. If one of the parties has made the statement that the marriage is irretrievably broken and the other party has failed to deny it, that same presumption is in place. Except in cases where the evidence controverts the statement, the court will find that irretrievable breakdown is in place.

Should a party deny that the marriage is irretrievably broken, there will be a consideration of all relevant factors. That will include what led to the petition being filed and if there is a chance at the marriage being reconciled. The court will then make a finding on the matter. It can also issue a continuance for further hearing that will be held between 35 and 63 days later or as soon as it can be heard based on the court's calendar. The court might suggest that the couple take part in counseling to try and save the marriage. When the hearing is adjourned, there will be a finding as to whether the marriage is irretrievably broken or not.

When getting a divorce, irretrievable breakdown is the general term that is used to justify the proceeding. However, it is often not as simple as claiming the marriage is irretrievably broken and therefore the divorce will be granted. There is nuance to the process and understanding the law is key. Having a law firm that is experienced in divorce in the state is something that should not be ignored.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

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