Divorce Isn’t About Fault or Feelings


MisunderstandingThere are only two things that make a divorce as hard as it is – children and money. Almost all the bitter divorce battles waged in court have been either custody battles, division of assets, or both. Attorneys leave their most significant arguments until conflict emerges from these aspects of the proceedings. But what happens when the cause of the divorce directly affects the outcome of either of these two subjects?

The law provides multiple grounds for a divorce, with adultery being one of the principal drivers. The law recognizes that it isn’t in the best interest of the family or the state to keep a union intact when one party participates in marital misconduct. But before anyone files for separation on the grounds of infidelity, they should talk to a divorce lawyer to understand what kind of state they live in.

Nobody’s Fault

There are two types of divorce laws when it comes to adultery and other similar cases – fault based states and no-fault states. Courts in fault-based states can award a separation because of adultery and other comparable causes. There are some states that even go as far as punishing the adulterous spouse by decreasing or increasing the alimony.

No-fault states on the other hand, don’t consider the cause of the separation in the divorce proceeding. The courts don’t care why the couple is asking for a separation, only that they no longer wish to be a couple and divide their assets fairly. In fact, adultery is not included as grounds for a divorce in no-fault states, a law that often causes confusion.

Divorce is About Economy

Colorado is one such no-fault state; there is an exception to the rule, though it’s a bit narrow. An innocent spouse can file for divorce if the affairs of the erring partner had economic repercussions. One example of this situation is if an adulterous spouse took their lover on holiday and paid for it using the common fund and assets of the marriage.

The innocent spouse has the right to fear for their share of those assets, and can initiate divorce proceedings on those grounds. It’s not exactly the same thing, but it does provide the court a substantial reason to adjust alimony other than their own bias over the gravity of the offense.