Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In Colorado, adultery is not considered a criminal offense, and the state follows the principle of 'no-fault' divorce. This means that the courts do not consider marital misconduct when granting a divorce. Instead, a divorce in Colorado can be obtained on the grounds that the marriage is irretrievably broken. As a result, evidence of adultery typically does not impact the division of assets or the determination of spousal support. However, if the adulterous behavior has an impact on the financial status of the marital estate or affects the welfare of the children involved, it may be considered in the financial aspects of the divorce or in child custody arrangements. It is important to consult with an attorney for specific legal advice and to understand how the facts of a particular case may be viewed by the court.