Adultery impacted your marriage. When you found out that your spouse was cheating on you, you knew immediately that it was over. You filed the divorce papers soon after.
You feel betrayed. You think that means you’re “in the right” during the divorce. It’s your spouse’s fault the marriage is over. Doesn’t that give you the upper hand in court?
Not really. The court typically doesn’t place much emphasis on why you’re ending your marriage. People do it for all sorts of reasons. The divorce court isn’t trying to make things right. They’re just trying to equitably split up assets, child support obligations, custody, and things of this nature.
A fair division doesn’t mean giving you more money because the divorce is your spouse’s fault. It just means dividing assets appropriately, whether your spouse caused a bitter split or you both got divorced on good terms.
Moreover, the court isn’t going to cut your spouse’s custody rights because of the adultery. Experts say that in the majority of instances it has no impact on these proceedings at all.
For instance, you’re angry and you don’t want your child around your spouse and his or her new partner. As a result you may want to retain sole custody without allowing your spouse visitation rights.
In the court’s view, your feelings about the divorce don’t determine your spouse’s rights or his or her ability to be a good and loving parent. That’s a separate relationship.
While more the exception than the rule, there are situations involving adultery that could impact the financial and custody portions of your divorce. When heading to court, be sure you don’t go in with any misconceptions about what the court is looking for. Take the time to understand your rights and your legal position.
Source: Love to Know, “Five Divorce Settlement Tips Concerning Adultery,” Marcelina Hardy, accessed Oct. 19, 2017