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Infidelity as Grounds for Divorce in Colorado

Infidelity is one of the biggest factors involved in the breakup of marriages. However, that does not change the fact that in Colorado, there is only one factor that can be named in your divorce petition. Colorado is a no-fault divorce state, which means that to be granted a divorce in the state, you only need to prove that your marriage is “irretrievably broken.”

It doesn’t really matter what led to the breakdown of the marriage. It could have been financial problems or adultery. The court doesn’t need to know that. All the court needs to know is that the marriage is so severely damaged that it cannot be saved. The court doesn’t need to know what went on in the marriage. If you are the spouse who wants a divorce, then all you have to do is prove to the court that the marriage is irretrievably broken, and cannot be fixed. The court does not need to hear about your spouse cheating, or see any evidence of it. Adultery is not grounds for divorce in Colorado. In fact, evidence of adultery must specifically be left out of the courtroom. Judges absolutely refuse to admit such evidence.

However, even in spite of this, infidelity or adultery can become a factor in several other matters that may be linked to your divorce. For instance, a judge may consider certain types of adultery-related behaviors when it comes to determining alimony payments.

Typically, when the judge is ruling on matters related to spousal maintenance or alimony, he will take into consideration a number of factors. These include the financial resources of the party who has to pay the alimony, as well as the financial status of the person who is seeking the alimony, the lifestyle of the person seeking the alimony, income, employment status, division of marital property, and other factors. However, if the marriage failed as a result of adultery, and if the person who committed the adultery made major and undesirable financial decisions, like using significant portions of the marital funds to buy expensive gifts for the person he or she was having a romance with, the court may consider this. For example, the court could decide that a man, who could afford to buy expensive gifts for a girlfriend, could very well pay alimony to a wife. Infidelity or cheating could, therefore, affect the alimony settlement.