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To what extent does adultery affect the divorce process?

Being unfaithful is not an easy thing to deal with. Divorce might be an option for many individuals.

Most individuals swear to be faithful to their spouses in their marital vows. If your spouse breaks that vow, it indicates that they don’t value your respect enough to keep their word.

It’s challenging to recover from such a betrayal of confidence. You’re undoubtedly wounded and angry right now. You may also believe that if you obtain a divorce, your spouse’s infidelity will be used against them.

The response to this issue will depend on the specifics of each marriage since each has its own set of legal requirements. Here’s what you need to know about the impact of infidelity on divorce and how to plan for it with the aid of a family lawyer.

Foothill Ranch family lawyer team helps clients resolve a wide variety of family law issues, such as divorce, child custody, father’s rights and paternity, domestic violence, modification orders, restraining orders, etc.

  • Divorce
  • Child Custody & Support
  • Father’s Rights & Paternity
  • Spousal Support
  • Domestic Violence
  • Modification Orders
  • Legal Separation & Annulment
  • Restraining Orders

Infidelity’s effect on divorce

For fifty years, divorce law has advanced significantly. In the past, seeking a divorce required a sufficient cause. Severe abuse, sterility, and adultery topped the list. The courts would often reject divorces if they could not establish one of these difficulties.

Victims of for-cause divorce (divorces for reasons other than “irreconcilable disagreements”) benefited from these laws.

When one spouse has been harmed, the other is often given special consideration. It was argued that these for-cause divorce rules exacerbated rather than alleviated the issue by restricting who may divorce and making the system acrimonious.

For this reason, most states have abolished for-cause divorce cases from their statutes.

‘Instead, only “no-fault” divorces are permitted in jurisdictions. When a relationship separates, it doesn’t matter unless one or both partners are in danger. Infidelity has a more negligible effect on your divorce now than it did in the past.

The fact, that adultery has the potential to have an impact on your divorce in some ways: legally, financially, and even emotionally.

Infidelity’s Legal Repercussions

Your divorce will not be affected by your spouse’s infidelity, according to the law. If you don’t reside in a region that still allows for-cause divorces, the court will not consider your spouse’s infidelity while deciding your case.

One thing is different, though. Your spouse’s adultery may be considered in custody hearings if you have children.

It is possible to argue that your husband should not have physical custody of children if they have repeatedly cheated on you and then someone who may be harmful to your children to be around.

If they behave in any other way, getting a divorce will be no easier or more difficult for you.

Infidelity’s Economic Costs

The financial elements of your divorce may be affected by your spouse’s adultery, but not in the same way it used to. One spouse’s infidelity might lead to the other earning a more significant portion of marital assets in for-cause divorces.

This met both the loyal spouse’s pain and the unfaithful partner’s punishment.

On the other hand, many states have eliminated this provision in favor of so-called no-fault divorce. It doesn’t matter whether your spouse is unfaithful if you don’t have any other commitments tying your marriage.

There are two instances where this isn’t true. As a first step, an infidelity provision may be included in a pre-or post-nuptial agreement. Some of these provisions are more severe than others, but they usually penalize unfaithful spouses who caused a breakup.

If you opt to have your divorce negotiated or arbitrated, your state’s restrictions on asset split aren’t as strict, which is another benefit of doing so. You and your spouse may agree on how to distribute your assets.

You’ll be able to get the support you desire if your spouse is embarrassed about their behavior.

Infidelity’s Psychological Consequences

Infidelity may have a significant influence on a person’s emotional well-being. Your anger and resentment against your partner should be understandable if they betray your trust. It’s essential to pay attention to your feelings for the remainder of your breakup.

After A Breakup, Getting Over The Hurt

If you decide to divorce your cheating spouse, you’re in good company.

Your spouse’s adultery may not affect your separation, but it’s a good enough cause to call it quits.