A lot can lead to divorce, and one of the worst is infidelity. If you can prove to the honorable court that your spouse cheated, you have a better chance of getting the terms you ask for.
However, due to the ‘no fault’ factor, divorce no longer has a huge play since divorce can be processed without any reason. So, you no longer need to worry about proving whatever your spouse has done since you can obtain a divorce without any fault.
If you stay in a no-fault state, the judge might not bother about cheating, but it sure has its impacts which you must know in subsequent paragraphs.
1. Harm to your children
Although this might not be considered direct harm, it sure does harm your children both psychologically and otherwise. Cheating might not affect your divorce, but it will surely affect your kids. A typical example of this happening is when your spouse keeps taking your kids to go meet their partner in a hotel. It also has the potential to impact who has custody of the kids.
If your spouse had spent marital funds on their affair, and you suspect the amount to be quite expensive, you may have to let your attorney sift through your spouse’s credit card bill. For instance, if your spouse took their affair partner on a vacation, bought them a car, or perhaps paid for their apartment or living expenses, you have a chance of recouping such expenses in the divorce proceedings.
3. A prenuptial agreement
Some couples often opt for a prenuptial before marriage, and the agreement could have an infidelity clause that could impact your divorce. Such a clause could be that if a partner is caught cheating, that defaulter must face the consequences listed in the prenup. It could be getting fewer marital assets or anything listed as a consequence in the prenuptial agreement.
4. A way to get around an infidelity clause
In a situation where the prenuptial infidelity clause supersedes the normal process of assets division, there could be a way around it. If you or your spouse signed the agreement under duress, that is a tangible ground for the court to dismiss the agreement.
Another invalidating situation will be when a spouse didn’t know or understand what they were signing nor means to arrange their legal counsel.
The fact is, a lot can happen when divorce is in the future. If the cause of your divorce is tied to infidelity, then you will benefit best from a divorce attorney. We’ve been helping to separate couples, and we can help you too. Do well to get in touch with us by calling or filling our contact form.