By Amy Johnson, Esq.
When the website AshleyMadison.com was hacked last week, the data of 32 million users across the country were revealed. The now-infamous website promotes extramarital affairs with the tagline, “Life’s short. Have an affair.”
Users’ profile details have been released in addition to their membership status, wreaking havoc in marriages around the United States. In Denver alone, it is estimated that information about approximately 70,000 users was made public, according to recent zip-code analysis of registered users. See http://www.westword.com/news/update-ashley-madison-hackers-dump-data-on-up-to-70-000-denver-cheaters-6940251.
To determine whether your partner or spouse was registered on Ashley Madison, go to https://haveibeenpwned.com/ and type in their email address.
Some have analyzed the data leaked to determine the significant quantities of users that have Colorado-issued email addresses and military email addresses. See http://www.thedenverchannel.com/news/local-news/logins-from-the-ashley-madison-hack-include-colorado-state-city-and-school-district-email-addresses. People using these addresses to register for Ashley Madison profiles may face repercussions in the workplace, beyond the troubles they will likely find at home.
Colorado is a “no-fault” state, so the Courts do not consider infidelity or affairs in deciding how to fairly resolve a divorce case. However, there are two exceptions wherein infidelity may be considered. The first is if the unfaithful party dissipated marital assets on the paramour. If this occurred, the Court may deem this as “marital waste” and account for it in the equitable distribution scheme. The second is if the infidelity somehow directly, negatively impacted the minor children at issue in a divorce case – i.e. the unfaithful party involved a minor child or a minor child was present during said unfaithfulness. If this occurred, the Court will then consider the same in its allocation of parental responsibilities.
Allegations of infidelity often cause emotions to run high, which can make spouses unwilling or reluctant to compromise, which complicates and prolongs the divorce process. We will guide you through this difficult time and help you to reach the best outcome for you and your children.
Don’t hesitate to contact the Domestic Team at Feldmann Nagel Margulis, for all of your domestic law needs.