When one or both spouses decide to divorce, it’s rarely a sudden decision. Instead, it often follows months or even years of emotional upheaval, arguments, resentment, and distress. The pathway to divorce is frequently fraught with hurtful and distasteful behaviors by one or both parties. In some cases, this includes adultery. But how does one spouse’s adultery affect a Denver, Colorado divorce case?
Understanding Grounds for Divorce In Colorado
Historically, divorcing in Colorado or elsewhere used to require significant proof of one spouse’s wrongdoing, such as adultery or abandonment. Today, no state requires one spouse to prove that the other one is at fault for the end of the marriage.
In Colorado, the only grounds for divorce are that the marriage is irretrievably broken. As long as one spouse believes the marriage is unsavable and wishes to end it, the divorce process moves forward. Under Colo. Rev. Stat. § 14-10-106(1)(a)(II), the law states the following:
“The district court shall enter a decree of dissolution of marriage or a decree of legal separation when …the court finds that the marriage is irretrievably broken …”
Can Adultery Impact Some Aspects of a Colorado Divorce?
Although adultery is not grounds for divorce in Colorado, under some circumstances, it can have an impact on the outcome of a divorce case. Although the court does not consider misconduct in granting a divorce, it can affect some of the divorce terms that are signed into binding orders.
If you or your spouse had an extramarital affair, it’s important to consider the ways in which this can affect the outcome of your divorce.
How Does Adultery Affect Divorce Cases?
The Impact of Adultery on the Division of Assets During a Divorce In Colorado
Colorado’s divorce law requires spouses to divide their marital assets and debts fairly, if not exactly 50/50. Marital assets are all accounts and property acquired during the marriage, regardless of which spouse’s name is on the account, deed, or title.
Adultery may impact the outcome of a Colorado divorce if the affair affected the marriage’s finances. If one spouse engaged in an extramarital affair and spent significant marital assets on the extramarital relationship, such as for gifts, travel, and lodging, a judge is likely to award their spouse a larger portion of the remaining assets to meet the state’s requirement for “fair and equitable division.”
Spending marital funds on an outside relationship is considered “dissipation of marital assets,” which can significantly affect asset division during a divorce.
The Impact of Adultery on Child Custody In Colorado Divorces
Although one parent’s infidelity is not a reason to deny a parent custody, when one spouse introduces another party into their child’s life during the divorce process, the judge will consider the third party when determining child custody.
For instance, if the new relationship is with an individual with a criminal record, history of substance abuse, or history of child abuse or neglect, it could reduce that spouse’s parenting time, or in the worst cases, could limit the parent to supervised visitation.
If the extramarital affair introduced the child into an unsafe environment during the marriage, this could also adversely impact child custody in favor of the other parent.
A Colorado Divorce Attorney Can Help You Understand Your Rights
While an affair is not grounds for divorce in Colorado, in some circumstances, it may impact the outcome of the division of assets and child custody. For these reasons, it’s crucial to hire a Colorado divorce attorney with experience in this aspect of Colorado divorces.