No-Fault Divorce Vs. Divorcing Over Adultery

11 January 2021
 Categories: Law, Blog

When you are filing for divorce, you will need to list the reason for why you are filing for divorce. You are allowed to file for no-fault divorce simply for irreconcilable differences but another reason to file for divorce is that you are alleging that your partner engaged in adultery. However, there are many downsides to taking this approach.

The Downsides of Divorcing Over Adultery

When you choose to file for divorce over adultery, you will make your divorce more expensive and time-consuming. Your divorce can also be more stressful because you will be bringing attention to embarrassing aspects of your marriage.

You will always want to hire a divorce lawyer when undergoing a divorce. However, you will have more expensive attorney fees when you choose to pursue an at-fault divorce. You may need to hire a private investigator as well because you must prove that the adultery occurred. However, a divorce attorney will be able to explain how your state's laws might affect your divorce.

How Adultery Is Defined

To prove that your partner engaged in adultery, you will need to prove that your partner engaged in sexual intercourse with someone else who is not you. However, actions that are considered less than adultery might still be considered adultery. You may struggle to prove adultery and simply having a hunch that your partner committed adultery is not enough for a divorce case.

How to Prove Adultery

The best evidence for proving that your partner was engaged in adultery is if you have a witness. You may need to hire a private investigator to look into your ex. However, you will want to make sure that your private investigator does not violate the privacy statutes of your state. 

You may be forced to provide indirect evidence that your partner was cheating on you. For example, you might have proof that your partner was with the other party who they cheated on or you may have evidence that your partner engaged in a public display of affection. To prove that your partner was with someone else, you might have hotel footage of both your partner and their lover.

Reasons to Divorce Over Adultery

When you are filing for divorce over adultery, this might affect the alimony you are entitled to. If your partner was unfaithful, this might also affect the division of assets. However, you'll want to speak with a divorce attorney before making this major decision.