Sadly, infidelity is sometimes a factor when a married couple decides to divorce in Wheat Ridge, Arvada, and Golden. When potential clients call us to explain their situation, we are always sympathetic, but have to explain that Colorado is a no-fault divorce state, meaning – the Jefferson County Court doesn’t care why you want to get a divorce. In fact, there is only one factor that can be named in your dissolution of marriage petition: that your marriage is “irretrievably broken.” There will be no court record stating that one party was to blame for the breakup of your marriage, even if one party was caught cheating.
Evidence of Adultery Not Admissible in a Lakewood Divorce Case
Whether your marriage ended because of adultery, money issues, or simply because the two of you just couldn’t make it work, the court doesn’t want to know. In fact, any evidence you may have regarding infidelity or other issues won’t be admissible in the court room. Jefferson County Judges refuse to admit this type of evidence because it has no bearing on the divorce petition. The only proof a judge will want to see is that the marriage is irretrievably broken and that it cannot be fixed. A no-fault divorce state means fault is not important to the role which the court has in allocating marital assets and the care of children.
Does Infidelity Play Any Role in a Legal Westminster Marriage Dissolution?
While adultery and infidelity does not play a direct role in court, it can be a factor in other divorce related matters, like alimony. When a judge is deciding on spousal maintenance payments or alimony, the financial situation of each party is taken into consideration. If the marriage ended because of infidelity, and the spouse having the affair used marital funds to finance the affair – i.e. hotel rooms, expensive gifts, etc. – the court may consider this. The judge may decide that if funds can be allocated for this, then alimony should be paid. In this type of situation, cheating can be a factor in a divorce settlement. There are other subtle ways in which a judge considers adultery / cheating, but not in a direct manner. Your Wheat Ridge divorce attorney will know how to make the court aware of the facts leading up to you Jefferson County District Court Petition for Divorce and Dissolution of Marriage.
If you or a loved one are preparing for a divorce due to cheating and infidelity, contact the best family law attorneys from the Pearman Law Firm for a free initial phone consultation at 720-259-9528 today.
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