Most people are aware of the fact that Colorado, like many states but unlike others, is a “no fault” divorce case. But some people do not understand what that means.

In Colorado, the court in a divorce case is not supposed to inquire or make a determination of which party is at “fault” for the divorce. For all practical purposes, the issue is irrelevant to the case. In Colorado, a divorce court is a court of “equity”, in which divisions of property and debt and spousal maintenance are ordered based upon what is fair and equitable between the parties, without regard to who “caused” the divorce to happen.

Likewise goes for divorces with children and the subsequent orders relating to child custody and child support. In Colorado, a family law or divorce court is required to determine custody based on the best interests of the children. The issue of which spouse caused the divorce to occur is irrelevant to the best interests of the children.

This is just one of many common misconceptions of the laws of divorce and child custody in Colorado. If you have questions concerning your own situation, feel free to contact us to discuss your case.