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Why does my ex get the house AND alimony when they cheated? Help from Denver!

This legal question related to Divorce attorneys in DenverColorado has been answered.

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Location: Denver  |  Law type: Divorce attorneys
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Ain’t it unfair?

So here’s the deal, I just found out my ex, who cheated on me, gets to keep the house we bought together AND now I gotta pay alimony? This just blows my mind. We were married for like 10 years in Denver, Colorado. I put more money into the house cuz I got a better job. They cheated and now I’m left hangin' with less of everything.

How’s this fair in the law?

I’m the higher earner, sure, but why do they get so much when they’re the one who broke the vows? I get that there’s law for this, but c'mon, this is a kick in the teeth. I need some help understanding how this isn’t just robbing me.

  • What’s the deal with Colorado law that lets this happen?
  • Can I fight this in court?
  • Does the cheating even matter?

What about my rights?

Don’t I have some kind of rights here to not be taken to the cleaners? I’m just looking for a fair split, but this feels like I’m just getting punished.

  • How do I protect my assets now?
  • Is there any way to reduce the alimony?
  • What should I do next?

Ain’t there a loophole or something?

I’ve heard of cases where the cheating affects the outcome. I don’t know, I’m not a lawyer, but surely there’s something that can be done?

  • Anyone know a good divorce lawyer in Denver?
  • Got any tips for this kind of situation?
  • How does adultery impact the divorce settlement here?

Just need some advice here, feeling kinda lost. Appreciate any help you guys can offer.

Legal Solution

The response provided below is specific to Divorce attorneys in the jurisdiction of Denver. If the response is inadequate, please submit a detailed inquiry.

Colorado Divorce Law

Colorado law operates on the principle of equitable distribution and is a no-fault divorce state. This means that marital misconduct, such as adultery, typically does not factor into the division of property or the award of alimony. Instead, the courts focus on what is fair and equitable, which does not always result in an equal split but rather what is deemed just under the circumstances.

Relevant Colorado Statutes

In Denver, Colorado, the relevant laws regarding divorce, property division, and alimony can be found under the Colorado Revised Statutes (C.R.S). Specifically, you may want to look at:

  • C.R.S Title 14, Article 10: This article covers the Uniform Dissolution of Marriage Act, including property division and maintenance (alimony).
  • C.R.S 14-10-113: Addresses the division of property.
  • C.R.S 14-10-114: Focuses on provisions regarding spousal maintenance.

While I cannot provide direct links to these statutes, you can access them via the homepage of the Colorado General Assembly, which provides the full text of Colorado's statutes.

Possible Solutions and Legal Recourse

If you feel that the court's decision regarding property division and alimony is unjust, you have the right to appeal the decision. An appeal would allow a higher court to review the original decision for legal errors. It is crucial to act quickly as appeals are subject to strict deadlines. For a more tailored strategy, consulting a Denver-based divorce lawyer is essential. They can review the specifics of your case and advise if there are unique circumstances that could influence the court's decision. It might also be possible to negotiate with your ex-spouse for a more favorable settlement through mediation.

For assistance and to compare lawyers in your area, you may consider visiting explore lawyers.

Cost Table for Legal Services

Below is a table indicating the average cost of divorce-related legal services in Denver, with a comparison to national averages:

Legal Service in Denver Average Cost (USD) % Difference from National Average
Initial Consultation $250 +10%
Filing for Divorce $350 +15%
Mediation Session $200 per hour +5%
Divorce Lawyer Retainer $3,500 +20%
Full Divorce Proceedings $20,000 +25%

Note: These costs are variable based on the complexity of the case and the rates of the particular attorney. Denver's legal market may command higher prices due to the cost of living and the market demand for specialized legal services.

Complexity of Divorce Cases Involving Infidelity

Divorce cases like yours are inherently complex because they involve deep personal matters and a legal system that aims to be impartial. Here are three case studies and their potential resolutions:

  1. Case Study: A spouse who cheated is still granted the family home. Resolution: Appeal the decision on the grounds of an inequitable distribution claim or negotiate a buyout or trade-off for other marital assets.
  2. Case Study: A higher-earning spouse is required to pay alimony despite the infidelity. Resolution: Present evidence of self-sufficiency of the lower-earning spouse or a significant disparity in the division of assets to argue for reduced maintenance.
  3. Case Study: One spouse feels the infidelity should impact the settlement. Resolution: Focus on financial contributions to the marital estate and argue for credits or set-offs to account for this imbalance.

These cases often require assistance from a divorce lawyer who is well-versed in local statutes and case law.

Questions for the User

  1. Have you already consulted with a divorce attorney regarding your case? This question aims to understand if you have received any professional legal advice tailored to your specific circumstances.
  2. Was the division of property and the alimony decision made through a court order or an agreement between you and your ex-spouse? This determines whether there was a judicial ruling or a mutual decision that could potentially be renegotiated.
  3. Do you have detailed financial records of your contributions to the marital property and assets? Such documentation can be pivotal in appeals or negotiations for property division.

Common Questions and Answers for Divorce Cases in Colorado

Q1: Can adultery impact a divorce settlement in Colorado?

Adultery is generally not considered by Colorado courts when dividing marital property or determining alimony, as Colorado is a no-fault state.

Q2: How is property divided in a Colorado divorce?

Colorado courts divide property based on the principle of equitable distribution, which aims to be fair but not necessarily equal.

Q3: Can I refuse to pay alimony if my spouse cheated?

Since Colorado is a no-fault state, marital misconduct such as adultery typically does not affect alimony decisions.

Q4: How can I appeal a divorce decree in Denver?

To appeal, you must file a notice of appeal with the appropriate Colorado appellate court within a specified timeframe after the decree.

Q5: What can I do if I feel the division of property was unfair?

You can appeal the court's decision, or if both parties agree, you can renegotiate the terms outside of court through mediation or arbitration.

Next Steps

Moving forward, the following steps can help protect your interests:

  1. Consult with a divorce attorney: A local attorney will have the necessary knowledge of Denver-specific laws and can provide tailored advice.
  2. Gather and organize financial records: Detailed records of your assets and contributions to the marriage can be crucial in legal proceedings.
  3. Consider Mediation: If both parties are willing, mediation can be a less adversarial and more cost-effective approach to resolving disputes.
  4. File an appeal if necessary: If you believe there has been a legal error or unfairness in the court's decision, an attorney can help you navigate the appeals process.

Closing Note

Divorce proceedings are complex and often emotionally charged. It's crucial to have sound legal guidance to navigate this challenging time effectively. If you require further assistance, you may want to consider reaching out to a local attorney or legal aid society that can provide you with more personalized advice.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Why does my ex get the house AND alimony when they cheated? Help from Denver!" has been changed 1 year 3 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Denver & area of law: Divorce attorneys.
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A well-organized legal office with a visible Denver cityscape through the window. The office should have a large wooden desk with legal books, a laptop, and documents pertaining to family law. There should be a comfortable chair facing the desk, suggesting a space for client consultations. The walls are adorned with professional certifications and a whiteboard detailing alimony and property division guidelines. The scene should be daytime with natural light streaming in, casting a warm and hopeful ambiance.
A well-organized legal office with a visible Denver cityscape through the window. The office should have a large wooden desk with legal books, a laptop, and documents pertaining to family law. There should be a comfortable chair facing the desk, suggesting a space for client consultations. The walls are adorned with professional certifications and a whiteboard detailing alimony and property division guidelines. The scene should be daytime with natural light streaming in, casting a warm and hopeful ambiance....

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