My Spouse Cheated on Me. Is That Grounds for Divorce in Colorado?

Cheaters Never Win

Discovering that your spouse is cheating on you is devastating and can irreparably harm your marriage to the point where you seek a divorce. However, divorce seekers should be aware of the role that infidelity plays in their case. Here is what you should know.

No-Fault State

Colorado is a no-fault state when it comes to divorce. This means that individuals seeking a divorce do not need to explain why they are wanting a divorce to the court; this also means, however, that divorce-seekers cannot base their decision on the actions of their spouse. If your spouse cheats on you, you are not able to list that as the reason for the divorce.

In addition, fault cannot be used in court when determining matters such as property division, debt division, and parental rights and responsibilities. The only instance that fault can be used in a divorce is if the actions of one parent would directly put a child’s life in danger, such as through a substance abuse problem; in that instance, one parent could receive a restricted parental responsibility.

Does Cheating Impact a Divorce At All?

Because Colorado is a no-fault state, then infidelity cannot be used as the reason for the divorce. However, Colorado’s no-fault rules allow divorce to be granted on the basis of irreconcilable differences that make the marriage beyond repair. If you believe that you are unable to work out your issues with your spouse upon discovery of infidelity, then you can seek a divorce based on that damage. Infidelity itself cannot be listed as the reason for the divorce.

Seek the Help of a Colorado Divorce Attorney

If your marriage is beyond repair and you aren’t sure of what to do, it’s important to consult with an experienced divorce attorney who can help you better understand your options. At Law Office of Greg Quimby, P.C., we understand how devastating adultery can feel, which is why we’re here to help. We want to assist you as you gather up the pieces of your life and put them back together as you flip the page to the next chapter of your life.


To speak with a member of our team of divorce attorneys, call us at (719) 212-4227 or visit us online.

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