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Does Infidelity Affect a Divorce Case?

child_custody_investigationsAs often is the case, the simple answer is that the answer is almost never simple. Adultery can serve as main cause for divorce; however, how does it impact a case? A splitting couple is likely to exhibit strong emotions. If infidelity is one of the main reasons that a couple is calling it quits, the cheater may wish to make some type of amends when it comes to negotiating the dividing of assets. Likewise, the victim hurt by the betrayal may seek moral victory by requesting more. While infidelity is a crime against one’s spouse it’s frowned upon and not considered out and out illegal in most circumstances.

However, there’s always a but or what if. In this case, infidelity may have financial consequences if a cheater is found to have used common funds to financially assist a mistress, thereby using your money on someone else. Or if you want to breach the physical topic, if a cheating spouse contracts some type of STD and passes it onto an unknowing spouse he/she may be subject to legal action.

Now, what if children and therefore child custody are part of the proceedings? Infidelity is unlikely to change situation except in situations when a parent’s new spouse/friends etc are considered a potential drawback or poor environment for the nurturing of the child/children such as inappropriate physical substance abuse etc. In these circumstances, the best interest of the child reigns supreme.

While infidelity is unlikely to drastically alter divorce proceedings, each case presents unique points of view. Considering these situational guidelines, if you believe that adultery plays a vital cog in settling your divorce, connecting with a private investigator to determine your best course of action may be an important step.

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