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Divorce Attorney for Mutual Separation
“This is his fault … I have proof that he cheated on me!” Sorry to hear that, but in Colorado, fault is not an issue when parties are seeking divorce. All that is required as proof for divorce in Colorado is that the marriage is “irretrievably broken.” The parties may simply state their marriage is “irretrievably broken” and such a statement will be sufficient proof to the court.
“She will not sign for the divorce, but I want one!” Not a problem here as only one party need seek divorce on these grounds, even though the other partner does not desire to terminate the marriage.
To set up a FREE initial consultation with our office to discuss your case, you can call our Colorado Springs Divorce Lawyers at (719) 212-2448 or complete our contact form.
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(719) 212-2448 or complete our contact form.
When is Fault a Consideration in Colorado Divorce?
Many clients seek our services when they discover their partner has engaged in an extra-marital affair. Unfortunately, we must explain that whether the spouse engaged in an affair is irrelevant. That is, Colorado does not care if your spouse cheated on you. Fault is not an issue that can be raised under Colorado law, although the actions of your spouse could potentially be taken into consideration in rare circumstances such as the following:
- When a party has depleted marital assets to their sole benefit, such as in the furtherance of an addiction or extra-marital affair, the Court may take that into consideration in the ultimate division of assets
- When one partner disposes of marital assets in furtherance of their addiction (i.e. gambling, sex, drugs), for use in their affair (i.e. hotel rooms, jewelry, trips, etc.)
- When one partner incurs significant debt without the knowledge of the other party and the debt did not benefit the marriage.
- When marital assets were used in a venture without prior consent or knowledge of the other partner (i.e. business venture where the other partner had no knowledge or did not consent) and that results in a financial liability.
In these instances, and if the non-violating partner can provide documentary proof of the use of marital assets, the court may be willing to order reimbursement of the marital assets used for these endeavors. Ultimately, the courts must issue financial orders that are equitable, not necessarily equal. While fault is not a consideration, the same sorts of actions may be used to argue that an unequal is equitable under the circumstances.
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I used the Gasper Law Group when I was going through my divorce and child custody case. I got the outcome I wanted, Carrie Kelly and Kimberly Lucas made my life 10x easier considering i didn’t know what I was doing. They were patient, and caring and even made me laugh a few times. I highly recommend you use them to make your life easier. I couldn’t ask for a better team! I’m now happily divorced and got my kiddo 50/50! You guys rock and if anything comes up in the future, I’ll be sure to use you guys! Thanks so much gasper law group for the fast and professional services!- Micheala E.
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Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.- Ruby D.
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Christine, Kris, and Ebony are amazing and compassionate. We enjoyed every interaction. Gasper Law firm keeps appropriate communication and not in excess which keeps our cost low. We are so very grateful. Even if an unexpected turn in our guardianship hearing they remained diligent to ensure things were done in a timely manner. Thank you so much! You helped complete our family and we are forever grateful.- Misty M.
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Caryn Adams took such good care of me threw out my legal situation and was constantly keeping me in the loop! Couldn’t ask for better representation!- Ryan L.
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The Gasper Law Group was fantastic. From the start, they treated me incredibly well and were very open about everything from my situation. They were incredibly attentive to me and my case and made sure I fully understood everything while supporting me in every way they could. Caryn was AMAZING in handling my case. Her knowledge, confidence, and attentiveness were second to none. I would recommend them to anyone for any situation.- Jason E.
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After an absolutely crazy incident that could not have been seen almost anywhere besides a movie. I received some serious charges and was in search of an attorney. They would not only represent me but need to do the right thing because it's the right thing...- Lance F.
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I dug myself a deep hole and didn’t have much hope or luck with the attorney I used before. I called Gasper law group and Caryn Adams was my attorney that took charge of everything. I couldn’t have asked for anything better the outcome she made possible is everything I wanted. She is great at her job and takes cases seriously … don’t have much hope leave it to Caryn she will change that. Thanks Gasper law group you’re the best!- Mike L.
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I really want to Thank Jack, Emily, and Therese for all their hard work taking care of my sister Pamela Bellos’s estate , they answered every call, every email from me in the long process of this probate and they all was very professional
- Karen B.