How Infidelity Can Affect Your Divorce

Law Blog

People get divorced for many different reasons. If you are getting a divorce because you or your spouse has been unfaithful, you could be wondering if the infidelity will affect your divorce. The truth is that it can negatively impact your divorce in specific ways, including the ways listed here.

It May Be Used as the Cause of Your Divorce

In many states, you must list the reason for your divorce on your paperwork. One common reason why people get divorced is because of infidelity. If this is the primary reason for your divorce, your lawyer will need to know about it so that he or she can list the cause when filing for divorce.

It May Be Mentioned in Your Prenuptial Agreement

If you and your spouse had a prenuptial agreement in place when you got married, then you may want to take a look at it. In some cases, infidelity is mentioned in prenuptial agreements. If your prenuptial agreement listed that your spouse would get a certain amount of money from your personal, pre-marital assets in the event of a divorce, for example, it might have also mentioned that this would not be the case if that person was unfaithful to you during your marriage. You may need to have proof that infidelity occurred, however. A lawyer can read your prenuptial agreement and help you determine if this is the case.

It Could Affect Spousal Support

In some states and in some cases, one spouse can ask for financial spousal support payments each month for a certain period of time. This is usually the case if one spouse did not work during part or all of the marriage, such as if he or she was a stay-at-home parent. In some states, though, a person is not eligible for spousal support if they committed infidelity during the marriage. However, child support is usually not impacted.

Infidelity can impact your divorce in these ways. Depending on the laws in the state that you live in and the specific details of your marriage and divorce, it could impact you in other ways, too. To find out what to expect when going through your divorce and to get help with each step of your divorce, contact a qualified divorce attorney in your area. He or she should be willing to sit down with you for a consultation to talk about your case in terms of divorce law.


26 February 2019

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