Whether you are the spouse being accused or the one who is alleging adultery, going through a divorce with a discovery of adultery can be difficult. To help make your divorce as smooth as possible, here are some expert tips that can benefit either party.
If adultery is an issue in your case, there's typically little to no impact on settlement. Most spouses are shocked when they are informed of this fact by a family law attorney. Some individuals believe that they are entitled to as much as possible due to being victims of adultery. Although they may approach the divorce with this mindset, this is certainly not the case and does not play out that way for many.
No proof of adultery is required in states that have no-fault divorce. Other than the proof that the couple no longer lives as husband and wife, these states don't require any other information in order to grant the divorce and terminate the marriage. Although you might wish to discuss this issue in some part of the divorce proceedings, in no-fault states, it may not be that much of an issue. However, if you believe that it could be important in some other way, you should share his detail with your attorney.
Many individuals assume that a background of adultery could influence child custody decisions, although this is rarely the case. Sometimes, a judge may grant an exception to this fact and limit the parent's time or require supervised visitation if the adulterer is also a poor parent. However, it is really unlikely to see that the child custody arrangement is influenced by allegations of adultery especially if the accused is a good parent.
The final settlement is another story. It can be influenced by evidence of adultery. First of all, in rendering financial decisions, the court may consider the expenses related to the affair. The spouse who has been betrayed could be entitled to compensation, especially in cases where the adulterer spent a lot of money on the other individual. Although adultery rarely has a big influence on settlements, it can influence alimony and property settlement. Some betrayed spouses who want to continue the lifestyle they are accustomed to use this fact as leverage in asking for a bigger amount.
There are several ways that adultery can influence your divorce case, and it's important to consider this before heading into mediation or litigation. If you have been accused of or betrayed by adultery, seek legal counsel to learn more.
If you have any questions about divorce mediation, please call John Powell III at 281-870-2053 and schedule a free 30-minute consultation. John is based in Pearland, Texas and has represented persons in literally hundreds of divorces to resolve their conflicts amicably with less expense & time. Visit http://www.powellfirm.com