Although infidelity generally isn’t an issue in Colorado divorce, there are a few situations when it can be, a Denver divorce lawyer explains.

Although infidelity generally isn’t an issue in Colorado divorce, there are a few situations when it can be, a Denver divorce lawyer explains.

Cheating can often be the spark that ignites a divorce. However, cheating does not necessarily matter when it comes time to resolve the issues of divorce because Colorado is a “no fault” divorce state. This essentially means that:

  • Fault is not a factor necessary to obtain a divorce – Instead, it is only necessary in Colorado for one party in a marriage to believe that the marriage is irrevocably broken (i.e., that a reconciliation is not possible).
  • Fault will generally not be considered when dividing the property and/or rendering custody determinations – Instead, the court will make decisions regarding the issues of a divorce based on what is “equitable” and/or in the best interests of the involved children.

That being stated, however, there are some circumstances in which infidelity may impact the court’s rulings (when couples cannot resolve the issues of their divorce on their own). Below is a look at what these circumstances can be.

When Infidelity May Matter in Colorado Divorce

When the following situations arise, cheating during a marriage may impact how certain issues are resolved:

  • The marital debt was accumulated or snowballed due to the cheating – Typically, marital debt will be divided similarly to the marital assets, with the court making these divisions based on what it deems being equitable. When, however, the marital debt arose because of (or significantly grew due to) the infidelity, the court can be inclined to assign the majority of the repayment responsibility to the cheater. It should be noted, however, that both parties will still be legally responsible for repayment; in other words, if an ex defaults, the creditors can still come after you for the monies owed.
  • Marital assets were lost as a result of the infidelity – In the event that some significant marital assets were compromised as a result of the affair (maybe because, for instance, assets like jewelry were given away or assets were sold to fund the affair), this again can impact the court’s decision regarding how to divide up those assets (with there being a distinct possibility that the cheater will lose ground or stake in the property division process).
  • The infidelity may impact the best interests of the child(ren) moving forward – In some cases, cheating may affect how the court awards custody. This can occur when, for instance, the infidelity may compromise the safety or welfare of the children.

Contact a Denver Divorce Lawyer at the Law Office of Bruce H. Rabun, LLC

For experienced, effective representation in Colorado divorce, contact Denver Divorce Lawyer Bruce H. Rabun. For more than 30 years, Bruce H. Rabun has been dedicated to providing each of his clients with aggressive legal advocacy and the highest quality representation as he guides them through life’s changes and helps them realize the best outcomes to their important family law matters.

Attend an initial consultation with Denver Attorney Bruce H. Rabun to get professional advice and find out more about how he can help you. You can schedule this meeting by calling (303) 221-7899 or by emailing our firm using the contact form on this page. From our office in Centennial, we represent people throughout the Denver metro areas, Arapahoe County, Douglas County and Jefferson County.

Categories: Divorce