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Infidelity can have devastating repercussions for a marriage, yet its effects on divorce proceedings remain unclear. In this article, we explore what it means to catch your partner cheating, debunk some myths related to this process, examine hiring a lawyer as an essential step, and provide practical tips for handling this trying situation.
What is the impact of an affair on divorce?
Infidelity may affect your divorce in various indirect ways:
- Emotional Turmoil: Finding out about an affair can lead to high levels of stress and anxiety, making it more challenging to negotiate or make rational decisions during divorce proceedings.
- Mediation vs. Litigation: Your level of cooperation with your spouse will often dictate whether you choose mediation or litigation as the preferred course of action. While infidelity may make mediation challenging, litigation remains unaffected.
- Division of Assets: Infidelity may not directly impede the division of assets.
- Child Custody: Child Custody Infidelity may be taken into account when determining custody if it has an immediate detrimental effect on a child's health or exposes him or her to potentially hazardous environments.
- Alimony: When determining alimony payments, any impact caused by infidelity should be taken into consideration.
- Privacy Concerns: Be ready for the possibility that any private details - including affairs - will become public knowledge during divorce proceedings, which is an emotional strain.
Does it Matter to a Court if There is Infidelity in the Marriage?
Yes, infidelity has an impact on relationships. However, its scope varies considerably. While courts do take it into consideration as part of divorce proceedings, its significance usually plays only a secondary role, its focus tends to lie more with equitable distribution of assets and child custody issues which may be altered by infidelity but not solely determined by this factor.
5 Common Misconceptions About Infidelity And Divorce
- Automatic Win for the Innocent Spouse: Contrary to popular belief, finding out your partner has had an affair does not guarantee victory in court. Divorce outcomes can be affected by such matters in various ways.
- Legal Strategies for Revenge Affairs: Engaging in affairs to "get even" against your partner is usually not recommended. Such behavior is often frowned upon by courts and not considered acceptable behavior.
- Alimony Can Be Denied If Infidelity Occurs: Alimony decisions depend on numerous factors, including financial need and duration of marriage, as well as infidelity itself. Therefore alimony decisions do not depend solely on this factor. Nonetheless, infidelity could have an effect on alimony decisions but is by no means guaranteed to do so.
- Child Custody Always Awarded to the Innocent Spouse: Decisions on child custody should always take the best interests of the child into consideration. Infidelity that directly affects a child could be taken into account but should never guarantee custody rights.
- Private Investigations May Not Always Be Necessary: While some individuals use private investigators to document evidence of infidelity, other forms of evidence such as emails or text messages may also be accepted by courts.
Why hiring a divorce attorney is better than going it alone?
Navigating a divorce that involves infidelity can be complex and trying. That is why hiring an attorney to represent your interests during this process can be invaluable:
- Legal Expertise: Attorneys have extensive knowledge of all the complexities surrounding divorce laws and can provide sound legal advice.
- Objective Perspective: Emotions run high during divorce proceedings. Attorneys provide an objective viewpoint that helps make informed decisions.
- Negotiation Skills: Attorneys have expert negotiating skills that will enable them to negotiate in your best interests and secure you the optimal settlement possible.
- Paperwork and Procedures: Divorce can be an intensive, time-consuming, and complex process, involving numerous legal forms and court proceedings that must be successfully navigated by attorneys. They specialize in handling these complexities to make the experience as stress-free as possible for their clients.
When should you hire an attorney?
As soon as possible, consult an attorney. Early consultation can protect and strategize your interests, an attorney can also provide insight on how best to use any infidelity-related information that has come out.
What criteria exist to help select an effective lawyer?
Consider these factors when selecting an attorney:
- Experience: Select an attorney with extensive knowledge in dealing with divorce proceedings.
- Reputation: To evaluate an attorney, conduct research online reviews, and request referrals.
- Compatibility: Make sure that you and your attorney share an enjoyable relationship.
- Cost: To ensure a positive experience and budget-minded decisions, be sure to discuss fees upfront.
Why Choose Drama-Free Divorce?
Drama-Free Divorce assists clients with divorces involving infidelity. We meet all the criteria of an ideal legal partner with our experienced, client-oriented attorneys and focus on providing services with minimal emotional impact on both parties involved. We work diligently on every case to achieve optimal results!
Suggestions for Action
- Consult an Attorney: Book a consultation to discuss your situation with one of our divorce attorneys, who can explore your options and determine the most effective course of action for you.
- Start Gathering Evidence: If you suspect infidelity, begin collecting evidence such as emails or texts under the advice of an attorney.
- Argue Your Goals: Make sure your attorney understands exactly what your desired outcomes are so they can design an approach tailored specifically for you.
- Financial Planning: Begin organizing your financial documents to ensure an equitable distribution of assets.
- Emotional Support: Reaching out for support from family, friends or a therapist may help ease some of the challenges a divorce presents.
Understanding the legal repercussions of discovering your spouse engaging in an affair is paramount, which is why our firm's attorneys offer experienced representation that can assist in reaching a favorable result and guide you through the divorce process with confidence. Contact us today at 816 615-5555 or send us an email on our Contact Page.