Colorado Divorce Law on Lack of Sex

By Beverly Bird

Colorado courts don't care why you want a divorce. This is a "pure" no-fault state – it doesn't recognize any form of marital misconduct as grounds to dissolve a marriage. If your spouse married you then barricaded herself in the spare bedroom and refused to engage in sexual relations with you, you might have grounds for annulment in the state, but you can't cite it as grounds for divorce.

Irretrievable Breakdown of the Marriage

Colorado's sole ground for divorce is that your marriage is irretrievably broken. If your spouse disagrees, this won't stop the divorce; you don't need her agreement or consent. If you've lived in the state for 90 days, you can be divorced 90 days after your spouse is served with a copy of your divorce papers, assuming you can resolve all your marital issues. The court doesn't care why your marriage broke down, including a lack of sex.

The Option of Annulment

Because Colorado's no-fault provisions are so uncomplicated, it's usually easiest to just file for divorce if you want to end your marriage. However, lack of sex can be grounds for annulment, or voiding the marriage, under some circumstances. For example, if your spouse is incapable of consummating the marriage because of some physical infirmity, and you didn't realize this until after marriage, it can be grounds for an annulment. If your spouse never intended to have sexual relations with you, and you found this out after the wedding, this can be fraud, which is also grounds for annulment. The burden of proof for an annulment is significantly greater than for a divorce, however. You must detail and establish your sexual problems to the satisfaction of the court.

Divorce is never easy, but we can help. Learn More
Divorce is never easy, but we can help. Learn More
What Could Be Physical Incapacities in an Annulment?

References

Related articles

New Jersey Guidelines for Annulment

People often think of an annulment as a quick, easy way to end a marriage. In New Jersey, the opposite is true. A divorce ends an existing marriage, whereas an annulment is a court order stating the marriage never existed. This is a significant ruling and New Jersey courts require substantial cause before they'll issue such an order. However, the difficulty in presenting such a case might be worth it to you due to religious or personal reasons, such as you don't want the label of "divorcee" because of a marital issue that was no fault of your own.

The 12 Grounds for a Divorce in Mississippi

Mississippi recognizes 12 fault-based grounds for divorce, and if you choose to file for divorce on one of these grounds, you bear the burden of proving to the court that the ground is appropriate for your divorce. Mississippi also recognizes no-fault divorce, and many filers choose no-fault grounds since proving fault often takes longer and is more difficult.

Tennessee Law on Bigamy & Divorce

The law is firm that you can't get married if you're already married to someone else. If you do, it’s bigamy – unless you honestly believe that your first spouse divorced you or died. Bigamy occurs when a spouse knows he's still married and marries again. In Tennessee, it's grounds for divorce and also a criminal offense.

Get Divorced Online

Related articles

Causes of Divorce: Habitual Drunkenness

In 2010, New York became the last jurisdiction to pass provisions for no-fault divorce, so all 50 states have now moved ...

How to Get a Divorce if Your Marriage Was Never Valid

If your marriage is a sham, you have two options for ending it. One’s difficult and the other may not be so hard, but ...

What Is Considered Fraud for Annulment in Michigan?

In Michigan, as in most states, it may be easier to get a divorce than an annulment. This is particularly true if ...

Do You Have to Wait 6 Months Before You Can File for a Divorce in Illinois?

In some states, grounds for divorce are pretty straightforward – you have irreconcilable differences, and that's that. ...

Browse by category
Ready to Begin? GET STARTED