If you are someone who is looking to divorce your spouse after discovering that he or she committed an act of adultery, there is a very good chance that you are now wondering whether you should inform the courts of your spouse’s misconduct. While common sense says that you should, the fact is, in many cases, this is not the best idea. Please continue reading and reach out to our knowledgeable Massachusetts divorce attorney to learn more about fault-based divorces and how our firm can help you through every step of the divorce process ahead. Here are some of the questions you may have:
Should I tell the court that my spouse cheated on me?
Of course, committing an act of adultery is perhaps the worst thing a spouse can do. However, unfortunately, all too often, people choose to cite fault grounds, only to learn that it, in fact, negatively impacts the outcome of their divorce. By telling the court that your spouse cheated on you, you give your spouse a chance to respond to that accusation, which generally makes for a longer, more expensive, and more hostile experience. Furthermore, when you cite fault grounds, it becomes part of the public record, which is far from ideal if you are someone who wishes to keep your divorce private. That is why in most cases, we do not recommend citing fault grounds.
Will citing fault grounds for adultery affect the outcome of my divorce?
Generally, the answer to this question is no. However, there are certain cases in which citing adultery, or other fault grounds, may impact your divorce. Please read the list below to learn more:
- Division of Assets: Generally speaking, adultery will not affect who gets what marital assets in the equitable distribution process.
- Child Custody and Child Support: Child custody and child support, generally, will not be affected by adultery, unless your spouse endangered your child while committing the act of adultery, in which case your child custody agreement may reflect this.
- Alimony: In certain cases, alimony may be impacted by adultery. If you are financially dependent, your spouse may be ordered to pay more alimony, however, this strongly depends on all other circumstances of your case.
If you have any additional questions, please do not hesitate to speak with our experienced Massachusetts divorce attorney today.
Contact our experienced Massachusetts firm
For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through any family or divorce law matters, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.