Finding out that your spouse is having an affair is a life-altering event. Loyalty and respect in a marriage are regarded above all else; when that trust is broken, you will experience various emotions. Being betrayed by your spouse doesn’t just change how you feel about your relationship currently; it also leaves you having to answer questions about the future of your marriage. When your spouse cheats, focusing on the legal side of infidelity and how to protect yourself moving forward can be challenging.
Even while dealing with the emotional fallout of infidelity, it is vital that you understand the legal implications and your options should you choose to leave the marriage. Not only can adultery affect claims of alimony, but it may speed up the timing of your divorce settlement or have no effect at all. Laws vary from state to state, so you should consult a divorce attorney before deciding to leave your marriage. Here are some essential legal aspects of adultery you should know.
Evidence You’ll Need To Have To Prove Your Spouse Cheated
Even if you know your spouse is having an affair or has cheated on you, your feelings are not enough to prove infidelity according to the law. Generally, cheating may encompass a spectrum of situations, including an emotional affair, inappropriate messages, and a physical relationship. Many states require you to prove that your spouse engaged in sexual acts with a third party to meet the infidelity requirements. Your attorney can advise you on what qualifies as proof and recommend what type of proof you should produce for the court.
How Adultery May Affect Custody Decisions If Your Spouse Cheats
Negotiating custody decisions can become challenging if a spouse has committed adultery. While people are free to date who they choose to follow a legal separation, it can create tension regarding caring for children. You may not want your child around who your spouse dates, but ultimately it will be up to the judge when it comes to a legal ruling. You can ask your attorney to help you create a parenting agreement or parenting plan to address custody-related issues so rules and guidelines can be applied. If two parents can not agree, a parenting coordinator may be assigned to act as a neutral third party in a high-conflict custody case.
You May Be Able To Sue Your Spouse’s Significant Other
Depending on the state in which you live, you may be able to file claims against the person with whom your spouse was cheating for destroying your marriage. If you are in the few states that recognize such claims, it may be challenging to prove other than the fact that there was an affair. Other causes for a claim may be negligence or intentional infliction of emotional distress. These types of claims are particularly nuanced so speak with your divorce attorney about your best course of action.
Know Your Rights If Your Souse Has An Affair
It is essential that you know your rights if your spouse has an affair and consider possible legal implications for your actions. Even though you will be emotionally charged, remaining level-headed will help you navigate the road ahead. Divorce is not always the best answer; sometimes, talking with a counselor and taking a step back is a good idea. Always give yourself options, and consider the advice of a divorce attorney before making rash decisions.
