Three Things To Know About Infidelity And Divorce

Law Blog

One of the common reasons that couples divorce is infidelity. When one person is unfaithful to his or her partner, that partner may decide that he or she doesn't wish to continue the marriage, and thus seeks a divorce. If you were the person who committed infidelity, you should know that your actions won't be a secret. When your spouse hires a divorce attorney and moves forward with filing for divorce, the reason for his or her decision will come out — and it will also be out in the open should both of you end up in court in a contentious divorce in which you argue over your assets and custody of your children. Here are three other things to know about infidelity and divorce.

The Spouse Who Didn't Commit Infidelity Could Still Pay Alimony

If it was your spouse who committed infidelity and you're moving forward with the divorce as a result, don't overlook the likely alimony situation. If you're the bigger earner, you may feel as though you shouldn't have to pay alimony because it was your spouse who essentially acted in a manner that broke up the marriage, not you. However, it's still common for the spouse who earns more, even if he or she wasn't the one who acted inappropriately, to pay alimony. A good divorce attorney will fight to keep this amount low, but it can still be frustrating to have to pay someone whose behavior led to your divorce.

If You Cheated, Child Custody May Be A Question

It's often the case that a divorced couple will share custody of their children, even if one spouse cheated during the marriage. However, given that this issue will come up in court, it's possible that your spouse will dwell heavily on your history if you were the cheater and call your character into question. Even if you've been a good parent — but perhaps not the best spouse — you may find that it's harder to get the custody arrangement that you wish because the judge could side with your partner.

You Can't Silence Your Spouse

You might feel embarrassment about your infidelity and not want your spouse to talk about it. However, he or she may choose to explain the reason for the divorce to friends, family members, and others. You might be tempted to ask for a condition of the divorce to be that your ex-spouse doesn't discuss the infidelity, but this is unlikely — you'll have to live with the consequences of your actions. However, if you learn that your ex is exaggerating stories about your infidelity and you feel as though your character is being defamed, you may have grounds for a defamation suit.

Contact a firm like Grafton Law Office for more information. 


3 August 2018