Fault as an Issue
Under the "No Fault" provision of Colorado law, fault is not usually allowed. However, there exists certain circumstances, which allow a judge to consider the impact of fault by either party. The most likely situation where fault is allowed to be proved occurs when one of the parties has spent or used marital monies on a venture or while engaging in conduct that was not approved by an agreement of the parties beforehand. A husband or wife who has a gambling or drug or alcohol problem and depletes marital accounts to support this behavior, is an example of when fault could be an issue. Usually, evidence that a party in a divorce action has been having an extra-marital affair is not going to be allowed by the court to support the other party's claim or allegations against the other party. But, when a husband or wife in a divorce proceeding intends on showing the court that the other party used marital funds for travel or entertainment, that evidence may be admitted to establish that the other party, "wasted" marital assets.