Vail, CO Divorce Law Firms & Lawyers

Marital misconduct will play no role in your case. This is a no-fault divorce state and any statement regarding your affair will be treated as irrelevant (most judges get angry if the other side even mentions it). You are entitled to an equitable portion of the marital estate.

It depends on how long you are married. If you get divorced after 6 months, chances are it will be your home. If you live together for 10 years and have a couple of kids, it may be transmuted into community property. Also, if you are still paying on the mortgage, the funds you use to pay the mortgage are community funds and half of what you pay for principle may belong to your wife even if the house does not become community property. So, if you want it clear that it is your sole and separate property regardless of what happens in the future, you do nee a pre-nuptial agreement that specifies that. It is not cheap but it may be cheaper than what you will pay in a divorce.

Only those assets which came into either your possession or his possession during the marriage are marital. The grounds for divorce are that the marriage is irretrievably broken. Perhaps you should return if you think there is a chance of saving the marriage.