The impact of infidelity on a divorce case
Going through a divorce is never easy, but infidelity can add an extra layer of complexity and emotion to the process. If you’re considering filing for divorce due to infidelity, it’s important to understand how it may impact your case.
As a divorce lawyer with years of experience, I’ve seen firsthand how infidelity can affect a divorce case. Here’s what you need to know.
In some states, infidelity can be grounds for divorce. In many states, the legal grounds for divorce are based on “fault,” meaning that one spouse must be found at fault for the breakdown of the marriage. Infidelity is often cited as grounds for divorce, along with cruelty, abuse, and abandonment. If you’re considering filing for divorce due to infidelity, it’s important to check the laws in your state to see if it is a valid ground for divorce.
Infidelity may affect the division of assets.
In a divorce, the court will divide the couple’s assets and debts fairly, taking into account a variety of factors such as the length of the marriage, the income and earning potential of each spouse, and the needs of any children. In some cases, infidelity may be taken into consideration when dividing assets, especially if the cheating spouse used marital funds to support their affair.
Infidelity may impact alimony or spousal support.
Alimony, also known as spousal support, is money paid by one spouse to the other to help support them after a divorce. The amount and duration of alimony is determined by a variety of factors, including the length of the marriage, the income and earning potential of each spouse, and the standard of living during the marriage. In some states, infidelity may be considered a factor when determining alimony, although it is not always a determining factor.
Infidelity may affect child custody and visitation.
In a divorce, the court will make a decision about child custody and visitation that is in the best interests of the child. Factors that may be considered include the child’s relationship with each parent, the stability of each home environment, and the ability of each parent to provide for the child’s physical, emotional, and financial needs. While infidelity itself is not typically a determining factor in child custody cases, the behavior of the cheating spouse may be considered if it had a negative impact on the child or the marriage.
Infidelity may make the divorce process more emotionally difficult.
Going through a divorce is never easy, but infidelity can add an extra layer of hurt and betrayal. It’s important to remember that while your emotions are valid, it’s also important to try to stay focused on the legal and financial aspects of your divorce. Working with a skilled divorce lawyer can help you navigate the process and make informed decisions about your future.
If you’re considering filing for divorce due to infidelity, I encourage you to reach out to a qualified divorce lawyer for guidance. At Holly Hefton, we have the experience and expertise to help you understand your options and make informed decisions about your divorce. Don’t try to go through this difficult process alone – contact us today to schedule a consultation.