Does Cheating Impact Your Divorce Case?

Divorce is already a difficult process, especially when emotions get heated. Emotions are more likely to become heated when adultery, or cheating, is involved. In these cases, you might wonder if your divorce case will be impacted.

Adultery is grounds for divorce in many states, and in some states, you do not need grounds for divorce at all. Regardless, cheating can still impact your divorce.

Adultery Can Impact Your Alimony

Alimony can be impacted by adultery in a big way, perhaps more so than other types of outcomes after a divorce. For example, adultery could mean that one party is no longer eligible to receive alimony, even if they would have been eligible otherwise.

These situations may require that you file for an at-fault divorce in which one party is blamed for the divorce. Each state is different, and an attorney can help you figure out your best option. In this case, one must prove that adultery was or was not a part of the divorce.

Adultery Can Impact Distribution of Property

If somebody committed adultery, they may be entitled to less property. It may be something that the judge considers as part of the final judgment. Again, judges in different states may see things differently. An attorney will make a case for why you deserve specific pieces of property.

This is also a matter that will be referred to in any prenuptial agreements. If your prenuptial agreement included stipulations for adultery, you can certainly bring this up in court.

Adultery Is Not Likely to Impact Custody or Child Support

In most cases, cheating is not likely to impact one's custody or child support responsibilities. The court typically views custody as a separate entity from cheating because you still have the right to parent your child even if you committed adultery.

While alimony can be impacted by cheating, child support is completely separate. Child support is more likely to be based on your income and how much time you spend with physical custody of your child. Child support is all about the best interest of the child and has little to do with your spouse.

Meet With a Divorce Attorney

Divorce attorneys can help you manage your case, ensuring that you have all the tools you need to make a good decision for yourself and your future. You need to have somebody on your side who understands what you are up against.