Does Infidelity Matter in a Divorce?

Infidelity

Infidelity is one of the biggest causes of divorce. The feelings of betrayal never go away for some couples. It can affect trust, friendship, and sex within a marriage. For some couples, infidelity is a starting point in turning over a new leaf in their marriage. Many people feel that infidelity can eventually make a marriage stronger. In most marriages, however, infidelity leads to separation and divorce.

Infidelity and Divorce

Infidelity can be a reason to file divorce. In states that require a particular reason to file for a divorce, infidelity is one acceptable reason. Many states now have what is called no-fault divorce. In those states, infidelity will not play a role in any part of the divorce. In a no-fault state, there is not any requirement to prove that one person in the marriage did something to warrant a divorce. In most states, infidelity will not matter in a divorce.The best way to find out what will happen in your state and how certain laws apply to you is to talk with a divorce attorney. Many offer free consultations during which you may ask questions about the process and inquire about how infidelity will play into your divorce.

Does it Matter?

Divorce laws differ in each state. In some states you must file for legal separation before filing for divorce. Some states do not even have the option to file for legal separation. You stay legally married until divorce proceedings are final and a judge declares you divorced.

Infidelity may play a part in determining spousal support, or it may affect the validity or implementation of a prenuptial agreement. Infidelity may also come into play if one person spent money on someone outside the family during his affair, especially if you have children. This is because the cheating spouse has taken money that could be spent on the family and used it to cheat. If your cheating spouse gave you a sexually transmitted disease because of an affair, it can be considered battery and you may receive compensation for it. If the STD is life threatening, there can even be criminal charges involved.

Resources

• Divorce Magazine.com