Going through a divorce is painful…but going through a divorce that is the result of an affair can feel particularly devastating.
From the anger toward your partner for his or her adultery to the fear of what is going to happen to your future, it’s common for emotions to be high and bad decisions to be made.
For this reason, understanding how infidelity may or may not impact your divorce is critical to being able to make good decisions throughout the process.
KEY TAKEAWAYS:
- Colorado is what is called a “no-fault” state, meaning you do not need to cite or prove a specific reason, such as infidelity, to file for or be granted a divorce. It also means that an unfaithful spouse will not be penalized by the court in the divorce process (financially or otherwise) based solely on the fact he or she cheated.
- However, infidelity will still have an impact on your divorce from an emotional aspect, and in certain circumstances, financially as well.
- See a therapist or counselor to assist you in separating the emotional aspect of your divorce from the legal and business aspects.
Unveiling the Truth: How an Affair Makes a Difference in a Colorado Divorce
Colorado is a “no-fault” state, in that a spouse does not need to prove wrongdoing or fault by the other spouse to obtain a divorce. This means that even if an affair has occurred, a Colorado court will not assign “fault.” Instead, divorces are granted based on the assertion that the marriage is “irretrievably broken,” meaning that the relationship is beyond repair and cannot be salvaged.
That said, adultery can still have an impact on some aspects of your divorce process, including:
Asset Division
In Colorado, marital property includes all assets and debts acquired during the marriage (with a few exceptions), regardless of whose name is on the title or account. In a divorce, the division of marital assets and debts is required to be “equitable.” In determining what an equitable division might be, a court can consider if a spouse used marital funds for non-marital purposes. In Colorado, this is referred to as “dissipation of assets.”
One example of dissipation is a spouse depleting marital assets or racking up debt to support a secret gambling addiction. Another is if a spouse uses marital funds to support an affair. For instance, if it can be shown that one spouse spent $10,000 on travel and gifts in furtherance of their affair, the court could adjust the division of property to compensate the innocent spouse for the funds that otherwise would be available for division, had they not been spent on the affair.
Child Custody
While infidelity itself is not relevant to custody determinations, it can influence a court’s decision if the affair negatively affects the spouse’s abilities as a parent.
For example, if it can be shown that the affair led to neglect of a child’s needs, created an unstable home environment, involved reckless behavior that could endanger the child, or involved a person with a criminal background, the court might view the spouse who had the affair as being unable to place the children’s needs ahead of his or her own. The ability of a parent to place the child’s needs above their own is a crucial factor the court is required to consider when allocating parenting time and decision-making responsibilities.
Are You Seeking Legal Representation? Seek Out the Support of Geigle | Morales Today
Whether you are dealing with the aftermath of an extramarital affair, the lawyers at Geigle | Morales are prepared to help you work through your divorce with compassion, confidence and control.
