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How Will Adultery Affect My Divorce?

Erika Carter

A very common issue that can lead to divorce is when one or both partners are unfaithful to their spouse. A seemingly happily married person can make the choice to seek a physical and/or emotional connection with a different person for myriad reasons. However, how those actions can affect a divorce case depend on what exactly took place.

Before Colorado became a no fault state, the person requesting a divorce needed to prove that their spouse had in some way compromised the marriage – this included abandonment, adultery, dangerous behavior, etc. Because Colorado has been a no fault state since the 1970s, courts don’t take adultery into account when making decisions about financial issues, property division, child custody, or any other area of contention.

There are some exceptions to this, even in a true no fault state like Colorado. If the spouse who committed adulterous actions directly affected the marriage or their children, then it could have an impact on the judge’s child custody decision as well as the distribution of assets. For example, if the cheating spouse borrowed money against a marital asset in order to pay for a vacation or second home for their extramarital affair, or if they carried out their relationship in front of their children or in a way that exposed them to inappropriate situations or people, then the judge may factor those actions into their final decision.

Our Denver divorce lawyers at the Harris Law Firm have spent decades providing families and individuals working their way through family law cases with the experienced and knowledgeable legal representation they require in their time of need. Whether you’re still preparing to file for divorce or if you’re already partway through your case and need to find a new representation, our team is ready and waiting to help you secure the outcome you deserve. Call our firm at (303) 622-5502 today to discuss your options with a member of our firm, or send us your information through our online form to set up a private consultation.

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