Divorce is a difficult process, filled with emotional strain and legal complexities. When one spouse has been unfaithful, many people wonder if that behavior will affect the divorce outcome. Colorado law has specific rules about this.
How Colorado handles divorce
Colorado is a “no-fault” divorce state. This means a court does not require either spouse to prove the other did something wrong to end the marriage. Instead, a divorce can happen when the couple believes the marriage is “irretrievably broken.” This means there is such discord between the spouses that the marriage can’t be saved. This approach aims to reduce conflict and focus on moving forward.
Will infidelity change anything?
In most cases, infidelity does not directly influence decisions about dividing property, providing support, or determining child custody. The court focuses on what is fair and in the child’s best interests. Judges aim to distribute assets equitably, not based on who may have caused the marriage to end.
However, there are some situations where actions related to an affair might be considered. For example, if one spouse used a large amount of marital money on the affair, such as for lavish gifts or trips, a judge may take that into account when dividing assets. This is because it could be seen as wasting marital assets. Also, a parent’s behavior related to an affair could affect custody decisions if it shows they are not able to provide proper care for their children. For instance, if the affair involved neglecting the children’s needs, this could be a factor in determining custody arrangements.
Divorce is rarely simple. Understanding how the law works can help people make better decisions as they move forward.