Before the decree Today, many couples choose the not guilty option after filing. However, fraud is still considering divorce proceedings, especially if the unfaithful spouse invested the spouse’s funds through the extramarital relationship.
Adultery Leads to Divorce
Sometimes these raw feelings force a person to seek a divorce before considering whether to end their marriage. Having represented many spouses in divorce proceedings, we have begun to understand that adultery is often a symptom of dissatisfaction resulting from many marital problems; many couples find it very likely that they will address these problems and rebuild their marriage. For this reason, we often talk about potential clients, whether they have taken advantage of couple counseling or other alternative remedies until they have completed the long, long, and permanent road to divorce.
Distribution of funds, misled spouses often mistakenly think they are far ahead of their unfaithful partner in their divorce once they prove adultery. The fact is that the courts do not take adultery into account when determining the sources unless the marriage funds were spent on gifts – such as jewelry, cars, or even apartments, dinners, hotel rooms, etc. – within adultery. In such cases, the court regularly points out that assets spent on non-marital rewards must be returned to the marital pool of assets or that the non-fraudulent spouse must be given a small benefit equal to the percentage of these assets; otherwise, the assets will be distributed in the same specific way that would have been done in some cases of adultery.
Divorce Impact on Children
We have also noted cases where an unfaithful spouse maintains a home for his or her partner. Again, if these costs have been paid out of marital funds, they should be included as a divorce fund. In one case, the children of a divorced couple had photos of jewelry that their father had bought for his mistress with his pills. Surely these are not expenses that the non-fraudulent spouse would want to talk about (and no one knows that the children are involved). Because they symbolize the unfaithful spouse, we generally advise them not to invest money in post-secondary couples during divorce, to be honest about previous expenses, and also to expect to face appropriate consequences because of their behavior – particularly the need to contain the money spent on extramarital activities for the distribution of marital assets. Although the non-fraudulent spouse often thinks that he or she will not get justice because the unfaithful spouse is not “asked to pay” out of desperation, they can be sure that an honorable distribution of available funds will deceive them.
A parent’s priority is their children’s safety, which is a matter of circumstances. But the courts recognize that being a bad partner does not automatically make a man a bad father, and they warn the parties not to mix the two. Since there is no evidence that extramarital acts have harmed children (for example, because children are subject to another relationship or are accidentally ignored), custody is unlikely to be affected. We encourage clients in marriages where adultery remains an issue to consider, as not only is it an essential measure to protect the health of our clients, but deceived spouses may also be entitled to compensation for handling the breach of contract. The main point is that varicose veins add several additional questions to the divorce process. To guide you through their potential complexity, you may want to proceed from an area of strength.