If your spouse has been unfaithful, it is imperative to understand how infidelity can affect your divorce. Individuals often, under these circumstances, are unsure of whether they can cite adultery as grounds when filing for a divorce. They also do not fully comprehend how adultery will impact the outcome of their divorce, as it can affect property division, child custody, child support, and spousal support. Please continue reading to learn whether you can get a divorce if your spouse has committed adultery. In addition, contact our trusted Bristol County Grounds for Divorce Lawyers, who can help you navigate the complexities of fault-based divorce.
Can I cite adultery as grounds for divorce in Massachusetts?
Fortunately, individuals can pursue a no-fault or fault-based divorce in Massachusetts. In a no-fault divorce, neither spouse blames the other for the irretrievable breakdown of the marriage. On the other hand, a fault-based divorce involves one spouse accusing the other spouse of the marriage breakdown. Therefore, you can pursue a fault-based divorce if your spouse has been unfaithful and you want to dissolve your marriage due to their infidelity. Adultery is a ground that a spouse can cite when filing for a divorce. However, if you cite adultery as your grounds for divorce, you must provide the court with hard evidence that proves the adultery.
How else can infidelity impact a divorce?
Adultery can impact the outcome of your divorce in several ways. Firstly, Massachusetts is an equitable distribution state. This means that marital property is divided fairly between a divorcing couple. However, that does not necessarily mean an even 50/50 split. Property division is up to the court’s discretion on what they deem fair. Therefore, if your spouse was unfaithful and used your marital assets in the commissions of adultery, it could affect how property is divided.
Moreover, adultery can affect child custody and support. If your spouse’s infidelity negatively affected your child’s well-being or went against their best interests, the court can consider adultery when deciding custody. This is because the court values protecting the best interests of a child. Adultery can also affect alimony, also known as spousal support. If there is a significant income discrepancy between spouses, infidelity could impact how much a spouse is entitled to pay or receive.
Divorce is a complex process, especially when it involves adultery. Emotions can run high, hamper your ability to make rational decisions during the proceedings. That said, don’t navigate this complex legal process alone. Contact a determined Bristol County divorce lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you stay level-headed and seek a fair outcome. Our firm is committed to helping our clients pursue no-fault or fault-based divorces.
