We expect that our spouses will remain faithful to us throughout our marriages. Unfortunately, that doesn’t always happen. Sadly, some spouses stray and are unfaithful to their partners. When these relationships cross the line and lead to sexual intercourse, it is considered adultery. Many couples are not able to overcome this challenge; here, the marriages are ruined and the next step is divorce.
Colorado is a no-fault divorce state, so you don’t need a reason to get divorced. Adultery is not considered grounds for divorce. However, in some cases, the presence of adultery in a divorce case may affect certain parts of the outcome. Ultimately, anyone who is considering divorce as a result of adultery should reach out to a skilled legal professional for immediate help.
Distribution of Assets
In some circumstances, adultery can affect asset division in a divorce. For example, the unfaithful individual may spend money to support their affair. They may pay for hotels, dinners, flowers, expensive jewelry and other gifts. Here, it’s important to note that when a couple is married, they have a duty to manage finances in a way that benefits the family;. When money that should be going toward a mortgage, food, utilities and other household expenses is going toward another individual, it becomes an issue, and is known as dissipation of assets. If a married individual has proof of these expenditures on someone else, they can use it against their spouse and seek a higher amount of assets to make up for these spending habits.
A mother or father is not likely to be denied custody of their children based solely on the fact that they cheated on their spouse. A person can be a poor spouse, but a wonderful parent. It’s not fair to deny children their parents’ love simply because their parents could not stay faithful. This is not a parenting issue.
Adultery can rear its ugly head in child custody situations, however. For example, if the parents cannot move on from the situation after divorce, tensions can build up and affect the children. A different parenting approach””such as parallel parenting””may need to be used to allow both parents to raise their children in a way they see fit.
Adultery may affect child custody decisions if the parent carried on the relationship in front of the children. Exposing the children to inappropriate situations during the course of the affair can negatively affect a custody agreement.
Reach Out to Our Highlands Ranch Divorce Attorneys Today
If you are divorcing because of your spouse’s adultery, you will understandably feel shocked and angry. However, your spouse’s indiscretions may not affect the outcome of your divorce. Get help from the divorce attorneys at Divorce Matters. We can answer your questions about adultery and divorce. To schedule a consultation, contact us by calling (720) 408-7469 today.