How Infidelity Affects A Divorce


Infidelity is one of the many reasons why people seek divorce from their spouses. In the past, adultery was one of only a handful of justifications for filing for divorce. But even with the modern availability of no-fault divorce, adultery can still have an impact on your divorce.

Child Custody

Discreet infidelity does not usually affect a child custody case. However, if the infidelity affects the child in a negative way, such as leading to the child being neglected, this could reduce the chances that the unfaithful partner will receive custody. Also, exposing the child to inappropriate situations through the act of infidelity can affect the custody case.

The Speed of the Divorce

Some states have both fault and no-fault divorce. Having a specific reason for the divorce can lead to it being finalized more rapidly. No-fault divorces can have waiting period that can last longer than a year. To use adultery as grounds for divorce, you will need to prove that adultery occurred. This could come in the form of a witness testimony, text messages from the mistress or even an admission from the mistress.

The Division of Assets and Alimony

Adultery can influence the division of assets. For example, if the cheating spouse uses money from a bank account or sells off an investment to finance the purchasing of a gift for a mistress, this may lead to the cheating spouse receiving a smaller portion of the marital assets. Also, infidelity can be used as a reason to determine how much alimony one partner will receive.

Infidelity and STDs

A common problem arising from infidelity is when the unfaithful spouse picks up an STD and then transmits this STD to the other spouse. However, this situation would not be covered under a divorce proceeding and would instead be covered under personal injury laws.

Why You should Hire a Divorce Attorney

If you are not sure about how the case of infidelity will affect your marriage, you should consult with a divorce attorney, like those at Abom & Kutulakis LLP. The situation can vary from state to state, but your divorce lawyer may find a way to use the case of infidelity to your advantage. Given that infidelity can make it difficult to think clearly when making decisions regarding the divorce, it is best to hand over as much of the process to a lawyer who can help you keep your legal costs down.

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