Does It Matter to a Court if There Is Infidelity in the Marriage?

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According to the General Social Survey, 20% of men and 13% of women reported having sex with someone other than their spouse in the US. Among 18- to 29-year-olds, 11% of women admitted to cheating compared to 10% of men. While for ages 30–39, 14% of men cheated compared to 11% of women. 

Infidelity is often one of the clearest signs your marriage will end in divorce. The act itself breaks trust in your partner. This gives rise to conflicts and creates emotional distance from your partner. With broken trust, the innocent party may have this unwillingness to repair the relationship.

The legal significance of infidelity depends largely on the type of divorce, the laws of the state, and the specific issues being decided. This includes property division, spousal support, or child custody.

Let’s learn more about these issues below!

How Do Courts Define Infidelity?

Defining infidelity for the courts implies looking for evidence showing a breach of trust between spouses. Items that normally come under this category include extramarital affairs, the formation of emotional relationships, or other activities meant to undermine married relations.

They usually examine intent and ask if the action violates the understanding of marital fidelity in the marriage. Evidence, including text messages, emails, and witness testimony, are admissible forms of proof to base infidelity.

It depends on the case. The focus is more on the initiatives you have taken balanced with the trust and commitment. The definitions will help you in considering the future with the person you love.

What Role Does Infidelity Play in Divorce Decisions?

Infidelity plays an important role in divorce cases. It affects the distribution of assets and custody arrangements in the aftermath of an affair. Disputes often become extremely emotional, making it so much harder to negotiate the settlement. The innocent party is often left with the feeling of betrayal and anger. 

Courts might consider facets concerning infidelity, such as a known ongoing tendency to have affairs or a marked contrast between the "one and only" event of infidelity and the effect on the affair at hand. 

Custody disputes resulting from an unfaithful partner can throw doubt onto their parental skills and their ability to stay faithful until one of the partners dies. The point here is that the adultery is enough to act on the divorce issues, notwithstanding the proceedings in court.

But in cases where you and your spouse have agreed to get a divorce and are able to come to an agreement on the majority of the terms, an attorney can help you through the uncontested divorce process, according to the Law Offices of Perry W. Phillips, PLLC.

How Does Infidelity Affect Asset Division in Divorce?

Adultery can also have various implications that can go beyond emotional setbacks and suffering and can affect how an asset is distributed upon the dissolution of marriage. This is especially true if marital fault is maintained by the party not involved in the adultery.

Where the affair involved lavish gifts or travel that altered the economic situation of the marriage, the innocent party might argue for a portion of the property that was to be shared upon divorce. Infidelity only complicates the court's perception of fairness. 

Adultery might play a role in the property division. Suppose the same infidelity results from a significant depletion of resources. The innocent party could demand a larger portion of the marital properties. 

Does Infidelity Influence Custody Decisions?

In a custody determination, infidelity is one factor that the court considers. Under normal circumstances, the judge shall determine what is in the best interest of the child in child custody cases. 

Infidelity is somehow tied to irresponsibility or instability, which raises concerns. In such instances, if your parenting has been inconsistent, creating some chaos in the household or in interaction with the child, the judge is less likely to regard it with favor.

Nothing about infidelity necessarily makes them a bad parent. It was the person to whom the infidelity was done, and the conduct took place in front of a child. If there is infidelity within the marriage, and the children know of it, then that parent is going to be thought of as the negligent and uncompassionate parent by that child.

The incident is weighed relative to whether it threatens a child's safety within his or her surroundings. The child has more of the court's protection, whereas the gravity of your infidelity is weighed against the rest of your parenting.

Judges’ Emotional Responses to Infidelity in Divorce Cases

Divorce cases are very emotional. Judges try to make fair decisions. They face a big challenge when emotions run high. This is especially true when trust and promises are broken. Wild betrayal can cause a lot of pain. It's a big mental hurt.

When trust is violated, it becomes very hard for the judge to recognize truthfulness and good character in those guilty of this act.

The judge might feel more compassion for the wronged spouse. This feeling can show in how they decide on property or support. When there's infidelity, the judge's fairness can be harder to see. This can make things harder in the courtroom. It can also affect the final decisions made.

State Laws on Infidelity in Divorce: What to Know

Knowing the laws about infidelity in your state is very important. Divorce laws change extensively from state to state. These laws can influence several impacts, such as alimony, property distribution, and custody. 

Though an extramarital affair is not an acceptable legal fault for divorce, it may serve as a basis for unequal distribution of the spouse's estate. This is a big change in how things are divided.

Yet some states follow a no-fault divorce and allow infidelity to interfere but do not affect the financial outcome. You must determine your state's approach to this aspect because this information could affect your decisions and strategies in your divorce case. According to an experienced attorney, you can find out how infidelity could factor into specific cases.

How to Handle Divorce Without Going to Court

With all the emotional complexities of dissolution of marriage, dealing with its legalities can be complicated. As such, having a mediator during the process can be helpful. 

The professional mediator assists in communication between spouses to arrive at an acceptable agreement in terms of child custody, support, and division of property.

There is also an option of collaborative divorce. This process involves settling disagreements outside the courtroom. It allows for enhanced cooperation and less animosity between both parties. With this, they can create a separation agreement. With the clear terms stated in the agreement, there will be less room for misunderstandings.

Open communication should be maintained. It is essential for a smoother transition as you remain focused on the objectives. 

You can find alternative and more peaceful options when seeking divorce. A competent legal professional can provide assistance so you can receive the best outcome in this tragic situation.