Often times, a marriage ends in infidelity and the heartbroken and faithful partner looks for revenge and justice. Their first move is to seek a divorce attorney and file for divorce. Colorado is a no-fault divorce state. What this means is that Colorado courts will not assign fault to either party during a divorce.
When Is Infidelity Relevant To A Divorce?
If your spouse was unfaithful and you feel he or she should be punished, unfortunately, you live in the wrong state. The court does not care if one party cheated and will proceed with the divorce as normal. However, there are a few instances in which marital infidelity is relevant to the outcomes of divorce.
Recapturing Marital Funds
In terms of recapturing marital funds used on a spouse’s OTHER significant other. In the court’s eye’s if a party uses marital assets on an affair or post-separation, the court will take that into consideration when dividing assets to both parties. This can also include funds used while residing and/or supporting a significant other and/or their children post-separation but prior to the divorce. If the court feels one party was irresponsible and wasteful with marital assets, it will likely be reflected in the final division of assets.