Q: Can cheating on your spouse affect you during divorce process and custody battle?
I cheated on my spouse, if my spouse presents evidence of this, can it affect me during the divorce process and also am I at risk of loosing my daughters custody.
My spouse is a legal immigrant in the US, he gets paid cash, he has his driving privilege revoked, depends on other people to move around. I have a stable job, I take my daughter to her baby sitter before I head to work and pick her up after work. My daughter is currently living with me. I provide for my daughter, besides the couple of times her father has bought something for her. Im the one that takes her to all her appointments, participate in school events and Im always on top of her needs. Can my mistake somehow affect me?
A: Colorado has wholly abolished all concepts of fault in a divorce with the exceptions of abuse and general health/safety concerns. Your ex cannot use infidelity as a weapon. Similarity, you cannot mention your ex's driving record or immigrant status. As with most things in the law, there are ways to slip these excluded topics into a hearing, but the judge will not consider them unless there is a separate legal concern (e.g. immigrant status is not considered, but will be considered if you ex chooses to return to his home country).
A: Generally, infidelity is irrelevant in a divorce or custody case and most courts will not care. The exceptions would be if you are either cheating in front of the child, thus confusing the child, or squandering marital money on the person with whom you are cheating. If neither of those things is applicable then you should be fine and the infidelity shouldn't be used against you.
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