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Can your spouse stop a divorce in Colorado?

On Behalf of | Dec 1, 2022 | Family Law |

Unfortunately, marriages sometimes break down. But even when it’s clear that your marriage is over, your spouse may not be ready to take the legal step to dissolve the marriage. Your spouse may be dealing with anger or resistance by disagreeing with divorce. 

However, even without your spouse’s cooperation, the divorce proceedings may continue. What can you do if your spouse disagrees with divorce?

Come to an agreement through mediation

Your spouse may disagree with the divorce if they feel the provisions are unfair or if they’re in denial. If this is the case, you can resolve the issues through mediation. Talking things out through a neutral third party can help you and your spouse navigate your divorce issues. If the mediation process works, you can finalize the divorce quickly through a short hearing before a family court.

Turn to the court for relief 

Colorado is a no-fault state. This means you don’t have to provide a reason for filing for a divorce. But when you and your spouse cannot agree on the terms of your divorce, the divorce becomes contested. For this reason, you’ll have to file a divorce petition and formally notify your spouse by serving them with the divorce papers.  That gives them an opportunity to respond – but they cannot simply ignore the notice and expect to prevent the divorce.

Request a default divorce

If your spouse fails to respond to the divorce petition or doesn’t show up for the hearing, you can request the court to give a default judgment. In this case, the court may uphold your request, including all divorce terms. This includes child and spousal support, property division and custody. 

It doesn’t matter if your spouse refuses to collaborate or is making things harder for you; the divorce will still proceed if you file for one. However, consider getting legal advice if your spouse disagrees with the divorce to ensure you comply with all requirements.