Is it worth hiring a private investigator over an affair?

On Behalf of | May 30, 2024 | Divorce |

Those who have uncovered proof that their spouse cheated often dream about seeking justice in the family courts. They may recognize that screenshots of text messages or claims made by friends who saw a spouse with a new romantic interest in public may not hold up under scrutiny in family court.

Some people decide to hire private investigators because they think that doing so increases their chance of securing justice. Private investigators commit huge amounts of time to tracking people’s behavior and reviewing records to prove that certain types of misconduct occurred.

Frequently, those who uncover an affair fantasize about vindication in family court and believe that the private investigator can help them seek justice when they divorce. Is a private investigator worth the expense when preparing for a Colorado divorce?

Misconduct often has minimal bearing on a legal divorce process

Although adultery might be the reason that one spouse chooses to file for divorce, that may be the end of the impact that the extramarital affair has on the divorce proceedings. Under Colorado’s no-fault divorce laws, judges should not consider marital misconduct when dividing property, awarding financial support or making decisions about custody.

Therefore, even the most thorough evidence of adultery is unlikely to convince a judge to impose penalties on the unfaithful spouse. The only justice available in some cases stems from holding a spouse accountable for the dissipation of marital assets. What they wasted on the affair can sometimes affect the division of other marital property or how the courts handle the debts taken on to pay for the affair.

Barring clear evidence of a significant amount of dissipated marital property, evidence of adultery is unlikely to have much impact on a Colorado divorce. Those who want revenge might benefit from reminding themselves of the old adage that the best revenge is a life well lived. Instead of spending hundreds on a private investigator before spending more on a divorce, people may benefit from instead focusing on the future rather than imposing punishments for prior or current misconduct.

Understanding what rules apply to a Colorado divorce can make a big difference for spouses upset by the state of their marriages. Those familiar with the implications of no-fault divorce statutes can potentially use that information to make strategic choices about their upcoming divorces.