What is the Impact of Infidelity on Divorce

Divorce, Family Law

That gut-wrenching time you find out your partner is having an affair can lead to a roller coaster of emotions. As your head spins and you nurse the heartbreak and betrayal that comes with infidelity, the option of getting a divorce might cross your mind.

But before you go ahead to call a counselor and start filing for a divorce, you might want to take time off to find out how infidelity affects divorce.

Infidelity as a Reason for Divorce

In past years, when you were required to provide faults for a divorce proceeding to begin, stating infidelity as a cause for a divorce could have a significant effect on the proceedings.

In a case where you could give undeniable evidence that your ex has been unfaithful, you stand a chance to receive higher alimony, a higher percentage of properties and assets, and the possibility of getting full custody of the children, if any.

But divorce laws have been reviewed a few times over the years, and “No fault” divorce has replaced the old law. You no longer need to state a fault of your partner as a ground for divorce as you can file for a divorce just by being unhappy in the marriage, which is acceptable by the law. You also do not need to worry about proving it.

The decline of “No fault ” divorces means your partner’s extramarital affairs will have little to no effect on the outcome of a divorce.

While you might get some personal satisfaction from stating an affair as a reason for a divorce, do not expect your cheating partner to get punished for this. But there are still ways an affair can affect a divorce.

Ways Infidelity can affect the divorce.

Even with “No fault” divorces, there are exceptions where the court can consider a spouse’s extramarital affairs in a divorce proceeding.

  • Causing direct harm to the children: the effect of divorce on the children is not a secret to anyone, but in this situation, it is not considered immediate harm. Direct harm to the children can only be used as an exception if the unfaithful partner consistently took the child or children along to the hotel or homes of their partner.

In situations like this, the affair will significantly affect the divorce proceedings as this creates liable ground for an exception to the “No Fault” rule as it is considered direct harm to the children.

  • Spending of marital funds on the affair partner: If you suspect your ex spent marital funds on their partner, you can request the spouse to reimburse you.

This spending might include gifts, dinners, vacations, or buying a car or a house for their affair partner. While having your lawyer sieve through your ex’s credit card and bank statements might be tedious, it might be worth your while if it is a large sum of money you are requesting to be reimbursed.

In conclusion, while you go through that feeling of pain and betrayal of discovering your partner has been having extramarital affairs, you must note that this might not make any difference in the divorce proceedings.

Nevertheless, if your partner’s affairs caused direct harm to your children or your partner spent marital funds during the affair, then you will need a knowledgeable lawyer to start your divorce proceedings.

Contacts FKM&A Attorneys at law at (847) 854-7700. We can offer the professional assistance you need on this issue and its potential effect on the outcome of your divorce. Give us a call and schedule an appointment with our Attorneys.