The following are five divorce settlement tips concerning adultery. Keep these handy when going through divorce proceedings.
1. Little Impact on Settlement
Although adultery is one of the ultimate betrayals in marriage, it doesn’t entitle you to as much as you think when it comes to a divorce settlement. You may believe that you should receive as much as you would like due to the infidelity, but the truth is that you will not be able to get as much as you might think is fair.
2. No Emphasis on Child Custody
Adultery has no effect on child custody. As long as the adulterer is a good parent, he/she has as much right to have visitation or custody of the children resulting from the marriage.
3. “No fault” divorce states don’t require proof
If you live in a “no fault” divorce state, you do not need proof of adultery since these states don’t require a reason for divorce other than the fact that the couple is no longer living as husband and wife.
4. May Benefit in Property Settlement and Alimony
While adultery doesn’t have much impact on settlements, it does have some influence on property settlement and alimony. This is because the betrayed spouse may use it as leverage to continue living his/her current lifestyle.
5. Expenses attached to the affair will be considered
If the spouse who had the affair spent a large sum of money on the other person, the betrayed spouse may be entitled to compensation.
Grounds for Divorce: Adultery
In some states, just because your spouse has cheated on you doesn’t mean that you have grounds for divorce. If you don’t live in a “no fault” divorce state, you will have to provide proof of the adultery before the courts will consider it. This proof must be either an eyewitness that can testify in court or a private investigator. If you have pictures of your spouse’s affair, you may submit these to the court and the judge may consider it in place of the eyewitness or private investigator.