This
news story by
Fox 2 Now demonstrates that technology has changed the landscape of infidelity in
2016 – both as it relates to having the affairs and as it relates
to getting caught having the affairs. However, as a Colorado family law
attorney with 17 years of experience, I think it is important to point
out that the effects that infidelity has in a divorce case are actually
quite limited in this day and age. This is because Colorado is a no-fault
state, which means the court does not care why you are getting a divorce.
There are basically two ways that infidelity comes into play in a Colorado
divorce case. The first way this information can be relevant is if there
are children involved. If decision-making and parenting time are issues
present in the divorce case, the extra-marital affairs can become relevant
if the victim spouse can show that the cheating had a direct, detrimental
impact on the minor children at issue. By way of example, if the cheating
spouse brought their paramour into the house while the children were present,
this would probably constitute emotional harm sufficient to be relevant.
Of course, most people are smarter than that. The infidelity itself, without
a direct link showing harm to the children, will not be relevant in said
decisions.
The second way that said information can be relevant is if financial assets
are dissipated to carry on the affair. In Colorado, the law sets forth
an equitable distribution of the marital assets and liabilities –
equitable does not necessarily mean 50%/50%. If the victim spouse can
show that the cheating spouse spent inordinate amounts of money on their
paramour, then said spouse can make the argument that marital waste occurred
which could be a basis for an equitable distribution that was in that
spouse’s favor. In other words, if the victim spouse can make said
showing, perhaps the Court will award them 60% of the assets while the
cheating spouse only receives 40% of the assets. This could be proved
through review and analysis of the unfaithful spouse’s bank statements
and credit card statements which are required to be produced pursuant
to C.R.C.P. 16.2.
When one party believes infidelity is occurring, it is not unusual to
hire a private investigator to obtain proof of the same. However, if said
proof is not relevant to one of the two avenues discussed above, it may
not be the best use of your financial resources.
Get in touch with a Colorado divorce attorney at Feldmann Nagel Cantafio PLLC for
all of your family law needs by
calling our team or filling out a free consultation form online.