How Can Adultery Affect Your Divorce?

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.

Child Custody

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.

7 Things to Know About Compromising Photos

If you are or have been in a relationship for an extended period, you may have sent some less-than-appropriate photographs to your significant other. While this is not illegal (unless you’re sending them to someone who is underage), sharing these photos on social media and through text messages to friends, family, and co-workers is. Below, you will find our list of seven things you need to know about compromising photos from your ex.

1. It’s a crime to share them

This means posting, emailing, texting, snapping, or  sending them in any way. In Colorado, it is a misdemeanor to distribute or post compromising photos with the intent to harass them. The prosecutor must show the photos were posted with the “intent to harass and inflict severe emotional distress” and that the photos were posted without consent and the posting actually inflicted severe emotional distress.   That sounds like a great burden for the prosecutor, but juries and judges may have very little tolerance for this.

2. It’s a Crime If You Post the Photos For Money or “Pecuniary Gain”

In this case, the prosecutor just has to show the photos were private and that they were posted for money. There is not any need to show harassment or emotional distress. Posting your ex-s photos for money is a misdemeanor.

3. It’s  a Civil Cause of Action

In other words, you can be sued for posting the photos. The law provides the victim can sue for the greater of $10,000 or actual damages plus attorney’s fees.  The court can also order that the photos be removed.

4. The Laws That Protect Compromising Photos of You are Called “Revenge Porn” Laws

That notion was that people were posting the “porn” to seek revenge on their ex.  The photos though don’t have to be pornographic, but they do have to reveal “private parts.”

5. The Photographer Loses Any Commercial Copyright

Typically, the copyright belongs to the photographer not the subject of the photo, but under the revenge porn laws, the photographer loses any right to those photos.

6. It May Not Protect Celebrities in Colorado

Both the criminal and civil laws do not apply to newsworthy events. So, if you photographed your ex naked while publically protesting fur coats, you can sell that photo and post away.  The news worth exception seems to go farther and covers “public figures” and persons of “fame ”¦ that shape events.”  Sorry Black Chyna and Paris Hilton, you may not be covered in Colorado.

7. Cheaters Are Covered

Yeah, there’s no exception for cheating. So, if you caught your ex cheating and have photographic proof. I wouldn’t post that either. There no moral clause in this statute and all compromising photo are covered.

Contact a Denver Divorce Attorney Today

It is important to remember that these kinds of things apply to all situations and not just after you break up or get divorced. Posting photos of someone (especially compromising ones) without their express permission is illegal. If you’ve experienced “revenge porn” or anything similar, contact an experienced Denver family law attorney to help you determine the next steps you should take!

Financial Infidelity Can Lead To Divorce

It goes without saying that marital infidelity can lead to the breakdown of a marriage. But adultery is not the only type of infidelity you have to worry about ”“ there is also the notion of financial infidelity.

Financial infidelity basically means to lie to your partner about finances. And it’s a growing trend, according to a Harris Poll for the National Endowment for Financial Education. Two out of five Americans admitted to lying to their spouse about financial matters.

Financial infidelity can be anything from a little white lie to full-blown hiding of a significant amount of assets or debt. Sometimes it can be for a good reason, like saving up for a surprise family vacation. But often, the reasons for lying about money are more malicious, and this type of deception, when discovered (when ”“ not if), can lead to enormous trust issues that may culminate in divorce.

What Are Common Types Of Financial Infidelity?

  • The most common type of financial infidelity is the act of hiding something. This includes hidden purchases, hidden bank accounts, hidden cash stashes, that type of thing.
  • A less common, but still contentious form of financial infidelity ”“ lying about your debts or income.

In the age of cashless transactions, it is easier than ever to engage in financial infidelity. The practice is widespread throughout all demographics, though more common with younger couples. Usually, the moment of discovery is when a major event happens, such as a big purchase (home, car) or even things like medical emergencies. And when the truth comes out, it can destroy your trust and foster contempt ”“ the leading predictor of divorce.

So what should people do to avoid these problems? Maintain open and honest forms of communications about income, assets and debt. Have a weekly or monthly meeting with your spouse to review finances and pay bills. Couples who argue about money and finances should work with a marital counsellor or a financial advisor (or both) to guide them into a better way of handling their household budget, accounts and debt.

Is It Okay to Date during Divorce?

When is it too early to start dating after you’ve decided to get a divorce?

It’s different for everyone; some people take years to get over a former spouse, while others are quick to mingle with other singles once the papers have been finalized. Some even start dating other people before the divorce is final ”“ but is this a good idea?

Legally speaking, there’s little to dissuade you from moving on to a new partner, at least in Colorado. While some may cry adultery if a divorce is not final before a person moves on to someone new, Colorado’s courts do not take adultery into account in divorce matters. This is because Colorado is a no-fault state ”“ the court does not care why the marriage has failed, only that it is irretrievably broken.

Aside from the legal matters, there are also emotional implications to consider. Even if you have separated from your spouse before you start dating, emotions can still be high, and moving on so fast can lead to animosity from your ex. This could motivate him or her to be more aggressive in the divorce proceedings; he or she might, for example, fight harder for custody of the kids, or demand more from you than a fair compromise would entail. Especially when you have kids, it is important to remain cordial with your spouse during a divorce, and a new relationship can make it difficult for that to happen.

Furthermore, the time immediately following divorce is a time of emotional vulnerability. Yes, it always feels good to feel wanted or needed, which is often the reason divorcees will move on quickly. However, you need time to process your feelings and to truly leave the marriage in the past ”“ you will likely still be dealing with your ex for some time to come, and it is unfair to new partners to put them in the middle of such a sensitive time.

Divorce Matters ”“ Denver Family Law Attorneys

Cell Phone Forensics on the Rise in Divorce Cases

Careful what you do with your smartphones during divorce ”“ according to the American Academy of Matrimonial Lawyers (AAML), approximately 97 percent of members have reported an increase in the amount of evidence taken from smartphones and other wireless devices in the last few years.

A lot can be gleaned from smartphones that could be relevant in a divorce case. Text messages are the most frequently used, as well as emails, phone numbers, call history, internet browser searches and GPS location information.

One underutilized resource for obtaining information is apps. Everyone uses them, and even game apps such as Words with Friends could have information relevant to a divorce. Many games have a built-in chat function, making these apps just as valuable as text messages when used as evidence. Other apps like Snapchat, Google Maps and Tinder (for obvious reasons) could be used to gather data for a divorce case.

Protecting Your Smartphone Data in Divorce

If you are going through a divorce, you should be very careful with what you do on your smartphone. Just like social media postings, anything you say on your phone, even to someone other than your spouse, can be used against you. Others can screenshot the things you say and your data can be subpoenaed by your spouse’s attorney. It is incredibly easy to self-incriminate through smartphone use, so use your best judgment. Likewise, if you have information relevant to your divorce that you believe can help you in your divorce, such as things your spouse said that could affect his or her custody of your children, you should present that information to a family law attorney.

Divorce Matters ”“ Denver Family Law Attorneys