Can adultery be used against a spouse in a divorce?
Can adultery be used against a spouse in a divorce?
While it may be tempting to pull out all the stops when you're going after your spouse in a divorce, adultery might not be as useful as you think.
The idea of using someone else's infidelity against them comes from the notion that it's a part of the marital union. If one of you is breaking the marital vows, it can be argued that this breaks the contract between you and your spouse. However, adultery is only one of many grounds for divorce in Colorado, so you aren't necessarily limited to this option.
While Colorado is seen as a "no fault" divorce state, that doesn't mean there aren't ways to argue fault in your case. You can argue that your ex's sexual conduct has caused irreconcilable differences in the marriage, but adultery isn't specifically mentioned in the statute. Rather, it refers to other types of misconduct such as abuse and habitual intoxication.
If you do decide to use adultery against your spouse in court, it's best to provide concrete evidence—photographic or video evidence is ideal because it leaves no room for interpretation on your part or theirs—as well as any witnesses who will back up your claims.
If you have any questions or in need a Divorce Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
