Introduction to Divorce on Grounds of Adultery
If you expect to have an easy divorce using adultery and to get great benefits out of it, you may be really disappointed with the outcomes. So even if you feel really offended by your partner’s infidelity, before using adultery as the reason for your fault divorce, you should think twice and consult a specialist beforehand. Yet, if you dare to use adultery for divorce, get ready for a challenging process with no guarantees for positive results or some privileges.
What Is Adultery?
To report about adultery and use it in your divorce case, you need to understand its essence and know the peculiarity of the issue.
- Adultery – it is commonly defined as physical sexual relationships between one of the spouses and a third person of the opposite sex.
- Sexual limits – usually dating, kissing, petting and similar issues cannot be taken for adultery. It should be really close intimate physical relationships.
- Same-sex marriages – as the definition includes relationships between opposite sex, so you cannot file for divorce based on adultery in the same-sex marriage.
- Time limits – you cannot keep the offense for half a life and then fill out online divorce papers including the adultery as the cause of divorce, while your spouse has forgotten about his\her infidelity long ago. You have six months since the discovery of your partner’s adultery to report about it, otherwise, it won’t be taken as the reason for divorce.
How to Prove It?
It may be difficult to realize that your partner has been cheating on you, but what is more, challenging that is to prove it in court. In most cases, people are advised not to use adultery as the argument for divorce, but change the strategy to make it easier and benefit more.
- Direct evidence – you can prove your partner’s adultery with direct evidence. That means you have a witness or clear proofs such as a photo or video of the adultery. Yet such evidence is hard to get and the way you get it may not be appropriate for the court usage.
- Circumstantial evidence – having no direct evidence, you may use circumstantial one. It means that you and your attorney have to present the appropriate information about your spouse for the court hearing to prove his opportunity or interest to take part in sexual relationships outside the marriage.
- Acknowledgment – the easiest way to get used to adultery for divorce is when your spouse admits his/her betrayal and the judge has no other option but take the adultery as the reason for divorce. Yet, there is a low possibility of such happening.
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What Effect It May Have?
Adultery is defined in the same way across the country, but it may have a different effect on your divorce depending on the state laws.
- No effect – in most cases adultery will have no positive effect on your divorce. On the contrary, it can make prolong the procedure and make things more complicated in general.
- Marital agreement – if the adultery option is included in your marital agreement and the proved case will result in large benefits for the reporting side. Then there is a big reason to do your best and prove the infidelity of your partner.
- Alimony and child support alimony and child support are not used as punishment for the poor behavior of any of the spouses in the marriage. Alimony and child support calculations are based on the length of the marriage, personal income of each of the spouses, special conditions, and so on. The proven adultery may affect the division of custodial role between parents and some other minor privileges, but no financial benefits for sure.
Alternative Ways to Get Divorced
If you consult a specialist or get the best online divorce service, you will almost certainly get advice to avoid adultery reporting as the motivation for divorce, since the outcomes of such a case can be hardly predicted. More than that, you get divorced with more benefits if you choose a different strategy.
- Unreasonable behavior – if you cannot prove the adultery but don’t want to let it go so easily, you can list “unreasonable behavior” as the reason for divorce. It won’t have the same effect as the proven adultery but can grant you little winnings in some situations and bring emotional relief.
- No-fault divorce – no matter what the reason your divorce is for, the most recommended way to get a divorce is a no-fault divorce. Filing for a peaceful divorce and cooperation with your soon-to-be-ex will bring you the possibility to get comfortable conditions and positive outcomes for both partners.
Anyway, if you are suffering from your partner’s infidelity or are suspicious about his behavior, there is no point in emotional and hot-headed decisions. You’d better step back, think twice, and get qualitative support either from your family law attorney or using a good divorce platform.
Greg Summit has years of experience working with different types of legal documents and writing about Family Law for educational purposes. Currently, he is working at OnlineDivorcer company, where he writing blog articles about divorce and divorce cases. In his free time, he likes roaming the streets of New York with his Olympus taking photos of the best spots in the city.