When you get a divorce due to adultery, you may wonder whether or not the affair will impact your divorce. Legally, a judge does not typically take marital discourse into the decision making when it comes to your final settlement. However, the person who was the victim of the affair can act in a way that makes the divorce process more difficult if they feel scorned. Here are some ways an affair can impact a divorce:
Complications During Asset Division
One of the most complex parts of getting a divorce is dividing your assets. If the scorned spouse wants to enact revenge on the other, they can make this process difficult. They may ask for more support from the other or want more of the shared assets as a form of payback. They may accuse the other of having more assets than reported or of even hiding assets to support the affair. The spouse who feels betrayed may want certain assets that are important to the other as part of their settlement to feel made whole after the affair.
In this scenario, the person who had the affair should have their attorney look deeply into the assets from the marriage to determine whether or not the requests from the scorned spouse are legitimate.
Complications with Child Custody
Any issues dealing with child custody are emotional and difficult in any divorce, but one that includes an affair can be even more complex due to the nature of the relationship. A spouse who was cheated on may feel angry enough to prevent the other from having adequate time with the children. This can be done in a variety of ways. One of the more common tactics includes the scorned souse placing a restraining order on the other. When this happens, the spouse with the protective order placed on them can temporarily lose custody of the children or lose any visitation they're entitled to at the time. This is not an ideal situation and can be troubling for all involved. In this scenario, the spouse who received the protective order should contact their attorney immediately to prove the order was placed under false or vindictive pretenses.
If your marriage is ending in divorce due to adultery, the best thing to do is avoid taking revenge on the other. This leads to a drawn-out divorce that will cause everyone involved immense pain and frustration. It is best for everyone to keep emotions in check and deal with the process as gracefully as possible. You can learn more by contacting a divorce attorney.Share