5 Facts Everyone Should Know About Adultery and Divorce

In the US, there are over 2 million marriages per year. Unfortunately, not everyone ends up with a fairytale ending. In fact, there are almost 747,000 divorces per year!

We all hope that we’ve married our soulmates. But the reality is, the temptation of cheating might be too great for one of you. And in the end, you’ll have to separate and get a divorce to be happy individually.

Do you suspect your spouse of infidelity or have you caught them in the act? Then read on. In this article, we’ll discuss 5 facts about adultery and divorce you need to know.

1. You Don’t Need Concrete Evidence of an Affair to File

You might think that you need concrete evidence of an affair to file for a divorce, but that’s not true.

For obvious reasons, affairs are clandestine, which means there isn’t much hard evidence (or none at all). It’s also hard to catch someone in the act since acts of infidelity are sneaky.

Because of these reasons, you can file for divorce with circumstantial proof. Basically, you have to prove that there was an opportunity for adultery and that your spouse was inclined to take that opportunity.

Some examples of these opportunities and inclinations include receipts for hotel rooms and flowers.

What might be helpful is to hire a divorce private investigator. Don’t let anyone know you’re hiring one, as many affairs happen with close family or friends. The PI will be able to confirm whether or not your spouse is cheating on you, and if they are, they can then proceed to collect adultery proof.

2. The Adultery May Impact Property Division

Property division for divorce will depend on the state you’re in, but in the majority of cases, your property will be divided up equally. Do note that adultery won’t be considered in property division, which means everything will still be split up fairly between the 2 of you.

However, there’s an exception: if the adulterer used a huge chunk of your shared money on their affair partner, then this can be considered “wasteful dissipation”. So if a judge sees that the cheating party used a large sum on hotel rooms, getaways, or gifts for their lover, then it’s likely that they’ll order the cheating party to reimburse the other spouse.

So if you’ve been wondering, “what happens in a divorce if you commit adultery,” there are some additional consequences that may apply to your divorce that wouldn’t have otherwise if there was no infidelity.

3. It Can Impact Custody

Do you and your spouse have children? Then it’s possible that their affair can impact custody.

In most cases, the presence of adultery won’t have an effect on how you and your spouse split custody after you get divorced.

But do know that the judges will be scrutinizing your spouse’s affair partner. If they deem that the person is dangerous or harmful to your children, then they might award you with full custody or at least more time with your kids.

Regardless of what the judge rules, it won’t affect child support. So whoever has more income will have to pay the other spouse to ensure your children grow up happy and healthy.

4. No-Fault vs Fault-Based Divorces

Again, this depends on which state you live in, but in most cases, divorces default to the no-fault type. This means that the divorce goes through without “pointing the finger” at anyone.

This type of divorce can be easier because no one’s blamed; the marriage is just simply considered unsupportable. You won’t be burdened with providing evidence and everything will be split up 50-50.

In some states, you can file a fault-based divorce. If your spouse has cheated on you and you feel like the adultery in your marriage has caused irreparable damage, and you want them to pay for it, then this can be a better choice.

With a fault-based divorce, you’re saying the adulterer has made the marriage insupportable. You’ll need to do more work for this type of divorce, but in the end, it can be worth it because you’ll get a larger share of your assets. You might even get spousal support, which can help you even further.

Do note that most judges will be biased against you if you’re the cheater and you filed first for divorce. In this case, they’ll probably order you to pay spousal maintenance (such as alimony) and split a larger part of your assets to your spouse than they would’ve done if your spouse filed first.

5. You Need a Divorce Attorney

Even if you feel like you can handle the case on your own and with confidence, it’s always a good idea to hire a divorce attorney. This is sure to be a time filled with emotional turmoil, and you don’t need unnecessary stress added on top of that.

A divorce lawyer will know how to handle your case and fight against your spouse if needed. It’s almost a fact that your spouse will hire a good lawyer, even though they were the one in the wrong. So make sure you have all the best defenses on your side too.

Know Your Rights When It Comes to Adultery and Divorce

Finding out your spouse has been cheating on you can be difficult to digest. Not only has the love of your life betrayed your trust, but they’ve also effectively ended the marriage. For most people, the only logical step is to get divorced and start fresh.

Handling adultery and divorce can be a hard time, but if you know a little about it first, it’ll make navigating these challenging times just a little easier. Just make sure you hire a good divorce lawyer, as they’ll be able to help you even further and advocate for you in court.

For more about family law, make sure you take a look at the rest of our articles.