If your spouse is filing for divorce due to your adultery, it's important to understand how your decisions can affect the divorce proceedings. Fortunately, adultery doesn't instantly mean that you lose everything. The following answers can help equip you with the knowledge you need as your case moves forward.
Will your spouse be awarded more of the property or higher alimony if adultery is involved?
Not necessarily. Generally, property is split equally between the divorcing parties regardless of the reason for the divorce. In some instances one spouse may be awarded slightly more, such as if they will be the primary custodian of the children. Alimony amounts are also not usually dependent on why a divorce is being sought. Instead, this amount is set by the judge in accordance to prior agreements, such as a prenuptial agreement, and on how dependent each spouse was on the other's income during the marriage. In the case of a no-fault divorce, for example, the reason for the divorce may not even be considered during the settlement process.
Can adultery cause you to lose custody of your children?
The short answer is no, but with some caveats. The adultery cannot affect your ability as a good and loving parent. For this reason, common advice is to hold off on dating or moving in with a new person until the divorce is final. You also may want to avoid introducing your kids to the new person until after the divorce is final. This is because pursuing relationships during a divorce could be seen by the court as neglecting your children or harming their mental well-being. So while previous adultery likely won't be considered, it's best to put your current love life on hold until custody has been awarded.
Will the ex-spouse be granted a special compensation?
In some cases, yes. If there is proof that shared funds were spent on the affair, the court may determine that you must compensate the lost funds to your former spouse. For example, if you spent thousands of dollars of shared savings on gifts and trips for the person you were having an affair with, this number will be considered in the divorce settlement. This means that the court may subtract the amount from your share of the possessions or may require you to repay the amount to your former spouse via alimony or compensation payments.
For more help in navigating a divorce when adultery has been committed, contact a divorce lawyer in your area, such as Cassanda T. Savoy, Attorney at Law.Share
16 August 2016
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