badges
badges
badges
badges
badges
badges

Marital misconduct in Colorado

Colorado is a no-fault state when it comes to divorce. This means that there need not be a specific reason or action that causes the marriage to be unsustainable. With this in mind, the courts typically do not look at fault for the marriage’s failure in dividing up marital assets. However, Colorado does allow for marital misconduct to be a factor if there is unfair spending or misuse of those shared assets.

What is economic misconduct?

This can be defined in several ways, but there must be a pattern to the behavior. Common examples include:

  • Dissipation of assets by giving them away while the couple is still married
  • Hiding of assets during the divorce process
  • Diverting assets to pay for drugs, alcohol or an extramarital relationship
  • Extravagant spending on goods and services customarily not related to the family
  • Destruction of marital property
  • A fraudulent sale or conveyance of property to hide it from a spouse
  • To not share the payment for the sale of marital property

Attorneys look for subterfuge

Verifying the accuracy of financial statements is one of the services that a family law attorney provides to their client. Even if a spouse resorts to electronic means to hide assets (cryptocurrency is difficult but not impossible to track), an attorney can work with forensic accountants and other technology experts to determine if the list of marital assets is accurate.

In protecting the interests of the client, the attorney can then present their findings to the judge with estimates of the value squandered or hidden by the spouse. In extreme cases, this can lead to criminal charges, but family court judges will take it under advisement in making decisions about the division of assets.

FindLaw Network

What Our Clients Say

“David’s compassion and respect for my family, combined with his legal expertise allowed me to feel at ease with the difficult process of divorce.”
“Mr. Littman’s reputation in the legal community is highly respected, as he so often is able to reach a resolution of disputes between parties where none seemed feasible.”
“I cannot express my feelings about my experience with your practice in few sentences, I would need pages. Thank you very much again. My appreciations are endless.”
“Whitney was wonderful to work with. She always gave me the proper amount of time that I needed for my case. I am pleased that I used your firm.”