Ouray, CO Divorce Law Firms & Lawyers

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.

While infidelity is grounds for divorce, it does not generally affect property distribution, and you would not be barred from obtaining a portion of assets that were accumulated during the marriage. If your husband alleges infidelity as a ground for divorce, it simply gives him a means of divorcing you if you decide to fight getting a divorce; otherwise it is possible for you to reach an agreement to state that the reason for the divorce was "irreconcilable differences," also known as consent divorce. You should be aware that your spouse may try to allege something called "dissipation," however. If you were having an affair and spent money on the affair - for hotel rooms, or gifts for a boyfriend, or other expenses related to conducting an affair - then your husband can ask that those amounts be taken out of your share of the settlement/property distribution and given back to him.

You need to hire an attorney to properly represent your sister and move the divorce proceeding along. He can be required to pay support and expenses along with other marital bills. He may also be required to pay attorney fees.