Suspect Infidelity? Seek Legal Advice Before Starting a DIY Cheating Spouse Investigation

Jul 22, 2024 | Family Law

When you suspect you have a cheating spouse, take a pause, take a breath, and take stock of what is going on around you. The intense feelings of betrayal, hurt, and uncertainty can overwhelm you, leaving you wondering how to proceed. Remember that you are not alone, and there are steps you can take to protect your rights and interests.

In El Paso County, you have access to accomplished Colorado Springs divorce attorneys who are well-versed in the delicate nature of infidelity and adultery cases.

Not Just ‘Cheating’: Understanding Adultery in Colorado

In Colorado, the legal landscape surrounding adultery and divorce is unique. Unlike some states that consider infidelity as grounds for divorce, Colorado follows a “no-fault” system. A confusing term, this means that the court will not consider misconduct, such as adultery when deciding whether to grant a divorce or how to divide assets and determine alimony. The only legal basis for divorce in Colorado is the irretrievable breakdown of the marriage.

While adultery may not directly impact the divorce proceedings, it can still have implications in certain areas. For example, if your spouse’s infidelity has led to the dissipation of marital assets or financial misconduct, the court may take this into account when determining property division or alimony. If your spouse’s behavior has negatively impacted the well-being of your children, it could be a factor in child custody decisions.

See Also: What To Look For Before Hiring a Divorce Attorney

Gathering Evidence of A Cheating Spouse

If you suspect your spouse is cheating, you must gather as much evidence as possible before confronting them or taking legal action. This evidence-gathering process can be emotionally charged, but you must have a strong case if you decide to pursue a divorce or other legal remedies.

Some common types of evidence that can be used to prove infidelity include:

  • Photographs or videos
  • Text messages, emails, or social media communications
  • Bank or credit card statements showing suspicious purchases or trips
  • Witness statements from friends, family, or others who have observed your spouse’s behavior

Before you rush out for a wiretap, you must note that the evidence you collect against your spouse must be obtained legally. Illegally obtained information may not be admissible in court. Consulting with a Colorado Springs divorce attorney can help you navigate this process and ensure the evidence against your cheating spouse is legally obtained. Don’t risk your case by taking matters into your own hands; follow the advice of your attorney.

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Seeking Legal Advice

Once you have a suspicion of your spouse’s infidelity, the first step is to consult with an experienced Colorado Springs divorce attorney. During your initial consultation, your attorney will likely discuss the following:

  • The implications of adultery in Colorado divorce proceedings
  • The process of gathering and presenting evidence of infidelity
  • The potential impact of your spouse’s cheating on issues like child custody, property division, and alimony
  • Strategies for protecting your interests and navigating the divorce process

An experienced divorce attorney can also refer you to a private investigator who specializes in infidelity cases, if necessary. This connection can be beneficial if you’re unsure how to collect the necessary evidence or if your spouse is skilled at covering their tracks.

When you suspect your spouse of cheating, gathering evidence, seeking legal action, and understanding your rights help your case immensely. Their knowledge will prove indispensable during this challenging time.

Confronting A Cheating Spouse

Once you have gathered evidence and consulted with an attorney, you may decide to confront your spouse about their infidelity. A confrontation can be a challenging and emotionally charged conversation, but you must approach this situation with a clear plan and a calm demeanor.

Avoid accusations or emotional outbursts when confronting your cheating spouse, as this may only lead to further defensiveness and denial. Instead, present the evidence you have collected factually and straightforwardly, and express your feelings and concerns about the impact of their behavior on the marriage and your family.

Remember this: your spouse may respond in several ways, from denial and blame-shifting to admission and remorse. Do not let these reactions influence your actions. Regardless of your spouse’s reaction, remain composed and avoid engaging in heated arguments or rash decisions. Your El Paso County divorce attorney can guide you on the best way to handle this sensitive conversation and the next steps you should take.

Read More: How to Minimize Acrimony in Divorce

Exploring Your Options

Depending on the circumstances of your case and your spouse’s response to the confrontation, you have several options to consider:

Reconciliation

If your spouse is willing to acknowledge their infidelity and commit to rebuilding trust and repairing the relationship, you may choose to pursue counseling or other forms of reconciliation. Reconciliation can be challenging but potentially rewarding, particularly if you have a strong foundation in your marriage and a shared desire to overcome the breach of trust.

Separation

If the trust in your marriage is irreparably damaged and you cannot reconcile, you may decide to separate from your spouse. A separation can provide a cooling-off period and an opportunity to assess the future of your relationship. During this time, your attorney guide you through navigating the legal and practical aspects of separation, such as living arrangements, financial support, and child custody.

Divorce

In cases where the marriage is deemed irretrievably broken, and reconciliation is not feasible, you may decide to pursue a divorce. Your Colorado Springs divorce attorney can guide you through the legal process, ensuring your rights and interests are protected throughout the proceedings.

See Also: Separation VS Divorce: Expert Insights From a Colorado Springs Family Law Attorney

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Protecting Your Interests

Regardless of the path you choose, you must take steps to protect your interests throughout the process. These steps may include:

  • Safeguarding your financial assets and records
  • Establishing clear boundaries and communication with your spouse
  • Prioritizing the well-being and best interests of any children involved
  • Seeking emotional support and counseling to navigate the challenges of this transition

A dedicated Colorado Springs family law attorney will help you develop a comprehensive strategy to ensure a fair outcome, whether you choose to reconcile, separate, or divorce.

Navigating the Legal Landscape

The legal landscape surrounding adultery and divorce in Colorado can be complex and nuanced. Colorado Springs divorce lawyers can provide invaluable guidance throughout the divorce process, helping you understand your rights and the possible outcomes of your case.

Your attorney can assist you in:

  • Interpreting the state’s no-fault divorce laws and how they apply to your situation
  • Gathering and presenting evidence of infidelity, if relevant
  • Negotiating for the equitable division of marital assets and debts
  • Determining issues of child custody, visitation, and support
  • Securing appropriate spousal maintenance or alimony, if applicable
  • Protecting your best interests and ensuring an equitable resolution

By working with a knowledgeable and compassionate Colorado Springs divorce attorney, you can navigate the complexities of this process with confidence and minimize the emotional and financial toll on you and your family.

See More: Why You Should Prioritize Asset Protection in Divorce

If you suspect you have a cheating spouse, you have options for how to handle it. Regarding infidelity cases in Colorado Springs, always contact an experienced divorce attorney. Their support and knowledge of local laws and statutes make them your best advocate through this challenging time.

Don’t Confront a Cheating Spouse On Your Own – Call Perkins Law Today

Facing the prospect of a cheating spouse can be a deeply painful and overwhelming experience. From the initial suspicions to the irrefutable proof of infidelity, the process can be the most challenging time of your life. When you have the guidance of an established Colorado Springs divorce attorney on your side, take comfort in knowing you are not on this road alone.

If you suspect your spouse is unfaithful, call or email the divorce and family law attorneys at Perkins Law in Colorado Springs for your confidential, no-obligation consultation.

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