Prattville, AL asked in Child Custody, Divorce and Family Law for Colorado

Q: I have a friend whose wife is an alcoholic and has been having an affair. Is there anything that can legally be done?

She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has observed she is noticeably absent. More recently, while drunk, she allowed someone she did not know to borrow her vehicle to go buy more alcohol while she was at a party. This person totaled the vehicle and the husband pays insurance on this vehicle. They live in Colorado and the husband is scared he is screwed since he has a high-paying job and the wife has only a part-time job, if they were to get a divorce. The husband does have proof of the affair and does have recordings of her neglecting the child. She has refused to get any kind of treatment.

1 Lawyer Answer
Sabra M. Janko
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  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.

Brock Richard Wood agrees with this answer

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