§ 14-10-110 — Irretrievable breakdown

(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.

Legislative History

Source: 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.