Legal Question in Family Law in Colorado
Adultery in a Colorado Marriage -- What does it mean legally?
In Colorado, if a woman commits adultery and files for divorce, does that have a bearing on how property will be distributed? The parties jointly own a condo which was purchased before they were married. The "faulty" woman put down the down payment for it. The parties have always maintained separate checking accounts and handle finances separately when they can even after their marriage. Their marriage has only lasted 4 months, does that have bearing? Can the woman move in immediately with her new lover or does she need to wait to begin a new relationship? How long must she wait?
2 Answers from Attorneys
Property Division
Adultery should not affect property division, as Colorado, like most others, is a "no fault" state. Careful records should be important in establishing rights to the condo. Who has been paying the mortgage could be an issue as well as any evidence that the condo might be construed as a gift to the marriage, evidence such as converting the title to joint tenancy. Having maintained seperate finances should also be helpful in establishing property division rights. Length of marriage per se is not usually an issue in property division. Moving in with a new lover ought not affect the legal issues in a divorce, unless it is addressed in a temporary agreement, but moving in may very well raise psychological issues. To keep down the level of conflict in the divorce, it may be useful to hold off on moving in until the divorce is final. Mediation may be useful.
Family Law, Divorce
I can only address your question in relation to North Carolina law. You should consult an attorney in your area to advise you on your state's divorce laws.In NC, although a "no fault" state, adultery is grounds for alimony. Length of marriage is usually irrelevant. However, at property distribution it can have a bearing on distribution of the marital estate. Separate property remains separate property. Separate cheking-separate bills, tends to show separate property. This is not subject to inclusion as part of the marital property and as such, it is yours to keep.Again, I would advise you to speak to a lawyer who is knowledgable of your state's divorce laws.Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
