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Divorce and Adultery Laws: An Enormous Area of Extent

Posted by Crissy Del Percio | Dec 12, 2019 | 0 Comments

divorce and adultery laws

Divorce can be complex, yet when coupled with adultery laws it becomes even more so. Adultery refers to extramarital affairs that have historically been linked with divorce proceedings and this article examines their interrelationship. We explore both legal considerations as well as different perspectives on this topic.

Adultery as a basis for divorce
Adultery is an increasingly prevalent divorce ground across various jurisdictions. If one spouse engages in extramarital affairs with another partner outside their marriage, this may entitle their partner to divorce due to breach of marriage fidelity and the impact on proceedings may depend on local laws and cultural norms.

Fault-Based divorce versus no-fault divorce
Adultery and divorce can generally be divided into two categories: fault-based divorce systems and no-fault systems. Fault-based systems require that one party prove the other committed adultery or another specific transgression to obtain a divorce decree, while no-fault systems allow couples to split without assigning blame but instead focus on irreconcilable differences as the cause for split-up.

Adultery's impact on alimony and property division
Adultery can have a major impact on divorce settlements based on fault systems; its presence can significantly alter property division and alimony payments. If either partner can prove their partner's adultery caused the split, they could potentially receive better alimony arrangements or more marital assets in their share.

Differences in culture and law
Adultery's significance in divorce proceedings can differ depending on your culture and legal system. While adultery can play an integral part in certain divorce cases in certain countries, in other jurisdictions its significance might not be so paramount. When approaching this issue it's essential to understand its local legal implications when proceeding with this journey.

Burden of proof
Proving adultery can be difficult, with much of the onus falling on those accused. Under fault-based systems, spouses alleging adultery may need to present witnesses or concrete evidence supporting their claim. This adds an extra step and resource drain to divorce proceedings that may impact upon timeline and resources needed for resolution.

Adultery and child custody
Fault-based systems often include faults that affect child custody decisions, including adultery. Courts will consider extramarital affairs' effects when making these decisions; their extent can differ depending on each case. Usually, courts place more importance on considering what's in the best interests of their children than any potential issues related to marital infidelity.

Evolving perspectives and no-fault trends
Recent years have witnessed a global shift towards no-fault laws that minimize the role of marital infidelity, including adultery, during divorce proceedings. These changes reflect changing societal views that place greater value on efficiency, fairness, and peaceful resolution of marital conflicts than assigning blame.

Legal advice and mediation services
Legal guidance is crucial when navigating the complexities of divorce and adultery laws, so families who are contemplating divorce should consult experienced attorneys, particularly when using fault systems to divide responsibility for marital discord. Mediation offers couples another method for settling their differences without resorting to courtroom battles.


Divorce and adultery laws are deeply interwoven, making the relationship extremely intricate. Legal systems may adapt as social attitudes shift, potentially impacting divorce proceedings due to adultery. Divorcing individuals should familiarize themselves with the legal framework in their jurisdiction as well as seek professional advice to develop options that are fair to both parties involved in a marriage breakdown.

If you have questions related to the topic, or if you want to talk to a divorce attorney here in Kansas City, call Drama Free Divorce now through this number (816) 615-5555. Our team of divorce lawyers are always ready to help you get through your separation without so much stress and without spending so much money.  

About the Author

Crissy Del Percio

Crissy Del Percio is a graduate of the University of Missouri-Kansas City School of Law. Additionally, she received her undergraduate degrees in Journalism (News and Information) and Communication Studies from the world-renowned home of the Jayhawks – the University of Kansas. She has been practicing law for a decade and spent the first part of her career specializing in helping low-income survivors of domestic violence. Now at Drama-Free Divorce, Crissy enjoys helping people consciously uncouple. She is also a Guardian Ad Litem and domestic mediator. Crissy has won a number of prestigious awards for her work in public service, but you likely recognize her from her acting career, where she is also an award-winner. In her free time, she enjoys spending time with her egregiously overpriced dog, Augustus Rodham and knitting. 


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