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How Is Fault Proven In Divorce Cases?

Colorado is a no-fault state, so the fact that your spouse is having an affair or running up the hill and gambling, really isn’t a factor that the court cares about. The fact that your spouse likes to watch pornography isn’t really a factor unless it affects the children. Or you can show economic fault, in other words you can show that so much money was spent gambling or so much money was spent on another party, another person, that it rises to the level of economic fault. That’s an extreme situation.

Otherwise the court is not going to care about infidelity or pornography, believe it or not, unless it affects the best interests of the child. So you have to be able to tie that infidelity to a detrimental effect on the child. You have to be able to tie that pornography addiction directly to behaviors that have occurred in the presence of the child. That’s not easy to do. If you do have concerns about those issues, please call me, come in, we can talk about it. But Colorado is a no-fault state, and that is something that can be difficult for people to realize, but the Judge does not want to hear about the affair, unless you can tie it into a parenting issue or you can show economic fault.

Matthews Family Lawyers