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Cheating and divorce

When Colorado residents discover that their spouse has cheated on them, it is not uncommon for this revelation to lead to divorce. However, even though a couple may decide to end their marriage due to infidelity, whether someone cheated or not usually has no bearing on the divorce process from a legal standpoint. Since Colorado is a no-fault divorce state, the court does not care why a marriage is ending, only that a divorce is taking place.

The only exception to this is if the behavior of the spouse who cheated impacted minor children. In these cases, the court may take this into account when determining child custody and visitation. However, in terms of assets and other issues related to divorce, cheating is not something that the legal system is interested in.

When someone discovers that their spouse has cheated, they may want to react emotionally. While this is normal, experts recommend that people take some time to cool down before making choices that will impact their life in enormous ways. Even if divorce ends up being the best solution, how people go about filing and the choices that they make should be based on what is best for them and their children, not on hurt feelings. This is also why it is strongly recommended that children are not told about a parent's cheating, since it can only hurt them in the long run.

Whatever the reason for a divorce, there are many choices that need to be made in terms of asset division and child care. A lawyer could help someone understand what the law says about these matters and represent them in negotiations or in court, if needed.

Source: Huffington Post, "Divorce Confidential: A Cheating Heart and Its Role in Divorce", Caroline Choi, October 01, 2013

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