What Can Be Used Against Me In a Divorce?

Colorado is a no-fault divorce state requiring spouses to divorce only on the grounds that the marriage is irretrievably broken, but does this mean that anything goes during the divorce process and your spouse cannot use any of your behaviors and actions against you in court? Despite the no-fault divorce law, a spouse’s behavior and history can directly impact the outcome of a Colorado divorce, including in the division of marital assets and child custody decisions. It’s important to know what can be used against you during a divorce in Colorado. 

Hiding Assets During the Divorce

No matter how strongly you feel that what’s yours is yours, Colorado family courts consider all assets accumulated during the marriage as belonging to jointly to both spouses. At the beginning of the divorce process, Colorado law requires each spouse to make full financial disclosures. Both Fort Collins family law attorneys may request documents from the other and the law requires each spouse to present requested financial documents. 

Attempting to hide, falsify, undervalue, or omit assets in a divorce is perjury and may have legal consequences as well as direct repercussions during the divorce. Often, Colorado judges award a greater portion of marital assets to the other spouse if one spouse attempts to conceal or misrepresent their assets during the divorce.

Extraordinary Spending

During the divorce process in Colorado is not the time to finally take that luxury vacation, buy your dream car, or purchase a diamond tennis bracelet. Extraordinary spending during separation and divorce is also known as the dissipation of assets. All marital assets must be accounted for during the divorce. Spending far outside of your normal budget immediately signals to your spouse and their attorney that you are attempting to remove assets from the marital pool to keep your spouse from getting their fair share under Colorado law.

When a judge determines that a spouse’s exorbitant spending is an attempt to dissipate marital assets, they commonly order the spending spouse to reimburse the other spouse for their fair share of the dissipated assets.

Embarking on a New Relationship

While there are no laws against dating during the divorce process, it’s essential for divorcing spouses to consider the impact of jumping into a new relationship before the divorce is finalized. Spending money on a new romantic interest may be construed as extraordinary spending, requiring you to reimburse your spouse later. More importantly, exposing your children to a new person may negatively impact your share of child custody.

Colorado courts make all decisions in the child’s best interest. Not only does bringing another person into the mix require the court to examine that person’s history, which could include something with negative impacts on your share of parenting time, but the court may consider your mere introduction of a new person to your children during this sensitive time as not aligned with their best interests.

Your Schedule

In divorces involving custody decisions, having an overloaded work schedule could result in your spouse receiving a greater portion of parenting time. If your habit of working late means you rarely put your children to bed, your spouse could reasonably assert that the children aren’t as reliant on you for care and comfort. It’s important to make plenty of room in your schedule to spend time with your children during the divorce process and for your share of the parenting schedule going forward after the divorce.

Your Digital History

It might be tempting to post your negative feelings about your soon-to-be ex-spouse on social media or to vent your frustration through an email or text message, but anything you put in writing lives on forever and may resurrect in court. Even if you deleted them, a spouse’s screenshot is all it takes to show you in a negative light to a judge with possible impacts during your divorce, especially in child custody cases. Texts, emails, and phone logs can be subpoenaed by your spouse during the discovery process of a Colorado divorce.