What Does Adultery Mean In Divorce?
Adultery means different things to different people. One partner may think emotional intimacy is cheating, while the other one doesn’t think seeing prostitutes counts. However, according to the law, adultery is very specifically defined as an extramarital sexual encounter.
Attorney B. Robert Farzad says every person might have their own concept of what adultery consists of, but, from a legal point of view, it is completely objective. If a spouse’s adultery is the grounds for their divorce, the law may not be on the cheater’s side.
What Are the Ramifications of Adultery in Divorce Proceedings?
Adultery in a marriage can have a strong impact on several areas of divorce proceedings. While many states are now no-fault states when it comes to divorce, there are still several states in which the spouse filing for divorce must provide reasonable grounds for their desire to end the marriage. Adultery is a strong case for divorce.
Even in no-fault states, where the party filing for divorce doesn't need to show proof of any wrongdoing by their spouse, adultery can still have an impact. It can affect everything from alimony to custody in rare cases where it has been proven that the adulterer put their child into a dangerous position as a result of their actions.
How Can Adultery Affect Financial Distribution?
In many states, if the spouse who committed adultery is seeking alimony in the divorce, this can create an obstacle as adultery often comes with a price tag, be it hotels, gifts, dates, or money given to mistresses. The willingness of the court to award money from the injured party to maintain this lifestyle is understandably low.
Some states also take into consideration the financial responsibilities of the two parties toward each other during the marriage. They may award money to the spouse that was cheated on if there is evidence that that adulterer spent shared funds on the affair. If there is proof that the party that committed adultery spent significant funds on this activity, the court may rule that half of that money be reimbursed to the injured party.
How Can Adultery Affect Custody?
Adultery usually doesn't have much of an effect on the outcome of a custody battle. The fact that one spouse has an extramarital affair doesn't mean that they are an unfit parent in any way. There is typically no crossover between the two. However, there are certain circumstances in which adultery can affect a custody battle:
● If the child does not want to stay with the adulterer
● If going to prostitutes was involved in the adultery
● If neglect or endangerment can be proven
What the Child Wants
The wishes of the child are one of many factors that go into deciding custody. A child may be less inclined to want to stay with a parent who has committed adultery. The child may view it not only as a breach of trust between their parents, but also as a breach of trust between the adulterer and the family as a whole. This is increasingly likely in older children who are more able to fully grasp the specifics of the situation.
The Impact of Criminal Activity
If the act of adultery was one involving prostitution, then it goes beyond a violation of trust and into a violation of the law. Criminal activity can have a strong impact on a custody battle, especially if a pattern of criminality can be established or the child was ever put in direct harm.
If it is proven that the affair ever put the child in harm's way there can be a large impact on custody. In the case of prostitution, it can be viewed as endangerment if the transaction was ever made in the vicinity of the child.
Neglect can also factor into the case if it can be proven that the adulterer showed a pattern of missing important events regarding their child in favor of the affair, or if they forgot about obligations regarding their child while participating in the affair.
Overall, adultery is not a good idea from a legal standpoint. If you’re committing adultery now or you’re thinking about it, you should also consider the fact that you could wind up in divorce court because of it—and it may cost you a lot of money. While it’s true that the heart wants what it wants, your bank account may have needs, too.