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Does an Affair Affect Divorce Settlement

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When you find your partner is cheating on you with someone else, you will indeed feel a sense of betrayal, hopelessness, mental breakdown, and many more things at once. And most spouses demand a divorce after going through this type of situation.

And if you decide to go for this devastating path because of adultery, you must be wondering now: Does an affair affect the divorce settlement? Well, an affair has a minimal effect on divorce.

In this article, we will discuss this fact briefly so that if you are the adulterer or the spouse of one, you can get your full rights. So, let’s dive into the details.

Effects of Affairs in Divorce

An affair or cheating on your spouse is the meanest thing anyone can ever do. Not to tell how it affects someone’s mental state! So, can adultery affect divorce? The following points will tell you where affairs matter and where not.

Little Impact of Adultery on the Divorce Settlement

Affairs and divorce settlements have quite a small relationship with each other. The affair was considered a significant factor in divorce processing in the past. It impacted the divorce terms like marital assets, custody of children, etc. You could get the verdict in your favour upon proving adultery, as it was sometimes treated as a criminal or civil lawsuit.

Anyways these are not valid now. You don’t have to prove your spouse’s guilt to file for a divorce. As irreconcilable differences are considered valid grounds for divorce, you don’t have to prove domestic violence or an affair.

If you or your spouse are unhappy in the marital relationship, you can file for divorce anytime.

Doesn’t Matter in Child Custody

Infidelity doesn’t affect child custody, as it doesn’t treat it as a crime. As long as the father or mother is a good parent, they have the full right to get custody or the right of visitation.

However, exceptions can happen. If the affair harms a child’s mental state, then the court might give a verdict against the adulterer. If any of the below situations happen with a child, the judge won’t give the child or visitation rights to the cheating partner.

  • If the person that the parent has an affair with physically abuses the children
  • Neglecting the child’s needs while busy with their relation
  • Create physical or mental abusing situations around the child due to the infidelity

Other than these issues, child custody depends on other variables where their parents’ relationship status does not matter.

You May Get Benefits in Property Settlement and Alimony

Although the affair doesn’t have any impact on the settlements, it can change the lifestyle of the other spouse. This can matter while doing a property settlement and deciding the alimony.

Even though your wife was cheating on you, you have to pay the alimony. Destructive behaviours don’t have any influence in this case. Yet there are cases where the consequences of marital misconduct are significant. Property division, child support, or alimony might be considered at that time.

Expanse Involve in the Affair

If the spouse involved in the affair spends a large amount of money in their infidelity relationship, the betrayed spouse can ask for compensation.

However, proving dissipation might be time-consuming. If you suspect your husband or wife will spend a large sum of money, take this path. Otherwise, don’t try to calculate the minimal expense like spending on hotel rooms, food, gifts, and things like this. This cost is not worth facing much hassle.

These are the common grounds for expecting to impact an affair while filing for a divorce.

How Can You Sue Your Spouse’s Affair Partner?

It’s possible to sue your spouse’s affair partner as they intentionally interfere with your marital relationship. The relationship is not a crime itself. But you can use the additional occurrence or situation for suing someone.

But they have to be significant enough to start a trial so that it won’t be a waste of time and energy. Be sure to contact an experienced lawyer before and take their advice.

The Bottom Line

Hopefully, you have got all your answers regarding whether an affair affects the divorce settlement. An affair has very little impact on divorce, but that doesn’t mean it doesn’t influence anything at all!

So, know your rights and contact a professional if you find it hard to maintain the overall situation. Your lawyer can handle everything for you and support you in this most complicated part of your life.

Frequently Asked Questions

What are the effects of adultery on a marriage?

The effects of adultery on marriage are devastating as it breaks the foundation of a marital relationship. It leads to the feeling of betrayal, heartbreaking, mental trauma, and whatnot! Most of the time, the final result of adultery is breaking up with the spouse.

Can affairs lead to true love?

According to research, it's quite uncommon for an affair that leads to true love. Only one in 10 affairs might lead to a long-term relationship. But a small fraction of those relationships can become permanent.

What is the difference between adultery and infidelity?

Adultery and infidelity have some differences based on the involvement of the partners. In an adultery relationship, people are involved in physical and sexual activity, while infidelity can be physical or simply mental. Besides, adultery is considered a criminal offence, while infidelity is not.

What is the main reason for infidelity?

The main reason for infidelity can be varied from person to person. However, the common ones are lack of love and attention from the partner, anger, self-esteem, sexual desire, and many other circumstances. Since it's a psychological issue, the reasons are not the same for everyone.

What are the consequences of adultery?

According to law, adultery might be treated as an offence and can be considered a ground for divorce in most states. On the other hand, the consequence of adultery in a marital relationship is destructive. Most marriages fall and result in divorce if one of the spouses is involved in an affair.

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