Infidelity is a factor in approximately 50% of all divorces in the United States. Adultery ranks together with financial problems as one of the major factors in causing divorces in this country. However, as reprehensible as infidelity may be, and as much as society seems to believe that behavior like this is unacceptable, the fact is that the courts in Colorado are not interested in whether adultery was the main factor in the breakup of the marriage.
Colorado is a no-fault state which means that you do not have to provide a reason like adultery or infidelity for the divorce. If you can prove that you and your spouse can no longer live together because the relationship has broken to the point that it is impossible to fix it, then you may have sufficient grounds for divorce. The legal term for such a state is “irretrievably broken.”
If you have recently discovered that your spouse is cheating on you, it is natural that you feel traumatized. Whether you want to make the decision to go ahead with the divorce is yours to make. There may be not much point in collecting information about the infidelity to present in court because the court may not allow for evidence of infidelity to be admitted as grounds for divorce.
However, infidelity can be used to get you a more favorable settlement during the division of marital assets. For instance, if your spouse has spent a considerable amount of money from your joint savings account, or other marital assets to buy gifts and to further the adulterous relationship with the other person, then the infidelity can be taken into consideration. To that extent, it may be important to retain evidence that the money from your joint savings account and other marital assets was unfairly used to further the romantic relationship.
In any case where you are confused about the next step to take, it is important to speak with a divorce attorney. You may not have made the decision for divorce, but it is important to discuss your situation with an experienced Colorado divorce lawyer, so you understand what your situation is likely to look like, post-divorce. An attorney will be able to answer important questions regarding alimony payment and child support payments, and other important details that you must consider before you make a final decision.