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Blog 2019 July Will Having an Affair Affect the Outcome of a Divorce?
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Will Having an Affair Affect the Outcome of a Divorce?

Posted By Law Office of Kathryn Marteeny || 17-Jul-2019

If infidelity led to your divorce, you might be wondering if it will have an impact on the outcome of it and how much it might ultimately cost you. The truth is that adultery does not have as great an impact on divorce as it once did. In the past, it was one of the most frequently cited grounds for divorce and considered a crime. Although it is still considered a crime, adultery is seldom pursued as such today. Even though infidelity does not have much weight in a divorce, there are some circumstances in which cheating on your spouse could affect your divorce settlement.

Divorce and Adultery

As a general rule, adultery will not have any legal ramifications on your divorce. However, if you wastefully dissipated marital assets on the affair, it would likely impact how your assets are divided. For example, if you spent marital funds on your affair, lavishing the person with expensive gifts and exotic vacations, a judge would compensate your spouse for the loss of these funds by giving him or her a greater share of marital funds. If the funds you spent on your affair were minimal, such as a simple bouquet of roses or a trip to the movie theater, your share of marital funds would not be impacted.

Adultery might also have an impact on child custody if the nature of the affair is somewhat questionable. For example, if you had an affair with your child’s teacher, a judge might consider the impact this might have on the child’s mental wellbeing. If you end up moving in with your new partner and he or she has a criminal record, this would also affect your custody arrangement.

If you and your spouse have a prenuptial agreement, you should take another look at it. It is not uncommon for prenuptial agreements to have infidelity clauses that limit economic rights if a spouse is guilty of cheating.

Distrust During the Divorce Process

Although adultery rarely has a direct impact on the outcome of a divorce, you can still expect it to affect how willing your spouse is to cooperate with you, to achieve a mutually agreeable solution. An affair creates a lot of distrust, which can make the divorce process highly contentious. As a result, you could end up spending a lot more time and money trying to dissolve your marriage.

Schedule a Consultation with a Compassionate Divorce Attorney Today!

If infidelity led to the end of your marriage, you need an attorney on your side to help you navigate the obstacles you might encounter as a result. Adultery will not directly impact your divorce settlement, but there are many other indirect ways in which you might feel the ripple effects of these actions. At the Law Office of Kathryn Marteeny, our divorce attorneys will assist you throughout this difficult experience, so you can obtain the best possible results for your case. We understand how difficult the end of a marriage is, so you can count on us for compassionate support.

Call our law office today at (713) 936-2300 to schedule a confidential case review with one of our divorce attorneys!

Categories: Divorce, Family Law

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Law Office of Kathryn Marteeny
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