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Finding out that your spouse cheated on you can be devastating. It can negatively affect the marriage to the extent that divorce is the only choice. Laws that involve divorce and adultery vary depending on the state the couple reside in, however, even when adultery is the main reason for the divorce, it is not as important in settlement situations.
Many states have adopted no-fadue to divorce it would cited as irretrievably broken or irreconcilable difference will likely be the grounds you file on. While you may be furious that your spouse cheated, the court system is not interested as to the exact reasons why your marriage failed.
Divorce is not a criminal case, which means the courts are not able to punish a spouse for not being faithful. However, even where having proof of adultery is not a factor, cheating can be considered throughout a divorce settlement issues which would include child custody, alimony, and division of property. A divorce lawyer in Bloomington IL can explain how adultery may play a factor in these other legal issues.
Adultery is normally not considered a factor when the courts decide who is awarded child custody. Even a cheating spouse is able to be awarded custody if the court decides that they are suitable to be a guardian for the child. However, it can affect custody and visitation if the children were exposed to the parent’s extra-marital relationship, even if this exposure was unintentional.
Sometimes affairs are able to be completely kept apart from the children, however, when they are exposed to it, it can negatively impact a child’s view on adult relationships or the family unit. If being exposed to the parent’s affair negatively impacts the best interest of their child, it can impact the decision of the terms in a divorce with respect to that parent’s custody and visitation.
In some states that have adopted the no-fault divorce laws, adultery may contribute to the decision of how much spousal support or alimony a spouse would receive. Even though adultery is not considered grounds for divorce, it could affect how much alimony is due. In many instances, if a wife had an affair, her husband is not eligible to pay less child support or spousal support.
In any states that require equitable distribution of marital property, the property will be equally divided. This is not always the case in situations where the adulterous affair involved using the marital assets. The funds that were misspent could be considered while working through a divorce settlement.
For instance, if the adulterous spouse took money from a joint marital account to set up an apartment for his girlfriend or to buy expensive presents, the spouse will more than likely have to reimburse the other spouse when finalizing a settlement.
Even when you enter a marriage on equal footing, it does not necessarily mean that when the couple becomes divorced, their marital assets will be equally divided with a 50-50 split. The court usually will take a spouse’s contributions to the relationship are taken into consideration to decide an equitable division.
A divorce lawyer Bloomington IL clients recommend from Pioletti & Pioletti can evaluate the circumstances of your case and determine what type of property division settlement you may be entitled to in your divorce.
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