Adultery (known as cheating, in more modern terms) is a word you often hear connected to divorce. But what does cheating really mean for your Colorado divorce case? Can it hurt you while you are divorcing?
No Fault Divorce
Colorado is a no fault divorce state, meaning that couples seeking a divorce don’t have to show a reason for their divorce. In Colorado, a divorcing couple simply has to state that their marriage is “irretrievably broken”. Because of this, Colorado law specifically notes that adultery is not a legally recognized reason for divorce.
On the other side of the coin, in states that do require grounds for divorce, adultery is considered a legitimate reason to get divorced. In some states, adultery can even affect the amount of alimony given out, especially if the spouse requesting the alimony is the one who committed adultery.
Can Adultery Affect Alimony?
The short answer is no. A judge in Colorado will consider a laundry list of factors when deciding on how much alimony is appropriate, including:
the financial resources of each spouse
the couple’s lifestyle and spending habits during marriage
the education, employability, and earning capacity of each spouse
the marriage length
the age and heath of each spouse, including any special healthcare needs
non-monetary contributions to the marriage, like child care
any other factors that are relevant
Notice that this list does not include adultery. That is because Colorado judges actually cannot consider adultery, or ay other misconduct, when making alimony decisions.
Can Adultery Affect Child Custody
As with alimony, adultery will not affect the court’s child custody decision. The child’s best interests are the most important thing to take into consideration, not the parents’ fidelity.
If you would like to schedule and initial consultation and discuss the effects of adultery with one of our highly experienced divorce attorneys, visit our website!
