Does Infidelity Matter In A Divorce? Sometimes.

Posted on: 20 July 2019

Infidelity in a marriage can be a heart-breaking discovery. Even worse, the revelation often leads to divorce, which is where the matter gets more complicated. People assume that infidelity is a winning ticket for the victim spouse, but it's not always the case. A judge will consider adultery during the settlement process, but not always to the same degree.

Evidence of Infidelity

The American legal system abides by a notion that every person is innocent until proven guilty. The spouse you have accused of having an affair will be offered the same type of justice. A judge will not even begin to weigh the effect of an affair on the divorce proceedings until you have evidence that the affair happened as an accusation is not enough. 

Pictures of the pair and inappropriate text messages or emails are just a couple of options. However, remember that in many states, adultery must include sexual intercourse, so you need to be sure you can prove the two weren't just talking, but that there was intercourse involved. 

Financial Impact on the Household

If the accused was spending money on their lover, a judge will almost always consider the effect of their actions. Consider two couples, for instance. With one couple, the person suspected of cheating is the sole income earner and makes around $60K a year. In the other couple, the person accused of infidelity earns $350K. 

If in both situations, the accused is taking their lover on shopping sprees, vacations, and expensive dinners, it's clear that the person earning less money will likely cause greater financial hardship on their family than the person earning more. The judge will typically consider this impact to determine if alimony should be granted, and at what amount. 

Neglect of Family Obligations

Children are very important in the eyes of the law and are protected at all cost. If the affair has caused the person to neglect their children, such as failing to pick them up from school, not spending quality time with them, or any other negative behavior, their actions might affect the custody portion of the divorce proceedings. 

The judge might look at the individuals' past actions and, if the other parent is seeking full custody, be more apt to grant their request. If you're going through this situation, make sure you document every instance when your spouse is putting your children in unnecessary duress because of their affair. 

Every situation is different, and as a result, there is no way to say how adultery will affect your divorce proceedings. You should speak with a divorce attorney about your specific circumstances for more detailed information.


answers to legal questions about child custody

Child custody cases are difficult for the families, the lawyers and judges involved. Finding the best solution to a difficult problem while protecting the kids from as much emotional distress as possible isn't something that anyone ever wants to be a part of. Unfortunately, many marriages end badly and the parents have to come up with a custody plan that will be most efficient for the kids and the rest of the family. My blog is all about the legal aspects of child custody cases. You will find the answers to many of the questions that you have about the most difficult thing you will ever have to go through.