(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, there is a presumption of such fact, and, unless controverted by evidence, the court shall, after hearing, make a finding that the marriage is irretrievably broken.(2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and shall: (a) Make a finding whether the marriage is irretrievably broken; or(b) Continue the matter for further hearing not less than thirty-five days nor more than sixty-three days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken.L. 71: R&RE, p. 523, § 1. C.R.S. 1963: § 46-1-10. L. 2012: (2)(b) amended, (SB 12-175), ch. 208, p. 831, § 26, effective July 1. ourt shall make a finding whether the marriage is irretrievably broken.L. 71: R&RE, p. 523, § 1. C.R.S. 1963: § 46-1-10. L. 2012: (2)(b) amended, (SB 12-175), ch. 208, p. 831, § 26, effective July 1. For marriage counseling, see article 12 of this title 14.
Colorado Legal Code