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How does infidelity impact divorce?

On Behalf of | Feb 21, 2023 | Divorce, Family Law

Why is it that the ones we love hurt us the most? The person we marry is the person we share everything to and with; the person we trust. We can never believe that they would do anything to purposely hurt us, until you catch them cheating.

Their infidelity gives you a legal reason to pursue an at-fault divorce.

Pursuing an at-fault divorce

An at-fault divorce will force you to carry the burden of proof, which means you must prove to the court that your spouse was in fact at fault for breaking up the marriage.

For the court to accept adultery as the legal grounds of your divorce, you must prove that the other spouse had sexual intercourse or oral sex with another individual. The evidence must include:

  • The exact time and date the sexual act transpired
  • The complete address or location of where the individuals committed the sexual act
  • The name of the person or persons your spouse committed adultery with

Corroborating evidence is often so difficult to come by in these situations. The verbal confession of your spouse may not be sufficient. Similarly, the testimony of the individual they did the sexual act with may not hold up in court.

Why an at-fault divorce may be for you

Filing for an at-fault divorce is exceedingly difficult, but it does have its advantages. There is no statutory waiting period. The divorce is immediate, which means it is official as soon as the court has made its decision. Additionally, if you are able to prove without a doubt that your spouse was at-fault, they will not be entitled to spousal support.

Remember that even if you do not want to give your spouse spousal support, litigation can come with a hefty price.