Does Infidelity Matter in your Divorce?

Unfaithful spouses are one of the major causes of divorce. When one spouse conducts an affair behind the other partner’s back, it can create a rift in the relationship that will eventually tear a couple apart. Some spouses can never rebuild trust after they have been unfaithful, and some partners may forever be unforgiving of the affair. That is why infidelity inevitably leads to separation or divorce in most marriages. Unfaithfulness can change a couple’s friendship, sex life, and level of cognitive intimacy.

When you file for a divorce, you have to site a reason why you are splitting from your spouse. In every state, infidelity is a viable reason to split. Many states consider this an at-fault divorce, meaning that one spouse irretrievably shattered the marriage because of his or her actions. In all states there are no-fault and at-fault divorces. While they are handled relatively the same, the at-fault spouse may be barred from certain privileges following the divorce. These are mostly financial arrangements, such as spousal support or alimony. In some states, infidelity won’t affect the divorce proceedings at all. You will want to talk to a local divorce lawyer so that you can find out what effect an infidelity claim will have on your divorce proceedings.

In some states, you will need to file for legal separation before you file for divorce. The day that you left your spouse and moved into another residence may be significant in determining when you can make your divorce official. If your spouse was unfaithful, it could affect spousal support or the validity of a prenuptial agreement. If your spouse was having an affair and using family finances to book hotel rooms and fund his or her unfaithfulness, then this may change the way that the property is divided. Also, if your spouse gives you a sexually transmitted disease as a result of the affair, it can be considered battery. You may also be able to sue your spouse for damages because of the STD. Talk to a lawyer to discuss you specific case regarding infidelity!