People in unhappy marriages may have to go through the painful divorce process. However, if there is evidence of infidelity, the situation changes dramatically.
It is possible that the unfaithful spouse would seek vengeance or punitive actions against the betrayer out of a sense of betrayal.
Adultery may have an impact on divorce, but how? Lake Forest Divorce Attorney will answer that and much more in this post, so stay tuned! Learn more by reading on.
Is Adultery A Crime?
Adultery is defined quite narrowly in the courts, even if you think you know what it is. One of the parties to the marriage must be involved in an intimate and sexual relationship with a third person.
As long as you’re in the same room as your spouse, you’re not guilty of adultery under the Divorce Act.
Adultery And Divorce Settlements: What Are The Consequences?
Suppose their spouse is found guilty of adultery. In that case, many people think they are entitled to a more significant divorce settlement because they feel like victims and deserve a better financial settlement since they are the aggressor.
This, however, is a falsehood. Divorce settlements are virtually always the same. Only if the grounds for termination have been satisfied does the court become involved.
Here are the divorce settlement consequences of adultery:
- When Spousal Support Is Affected
Whether or not your spouse has relocated in with a lover after an affair may have little or no effect on the marital support agreement. It is possible to refuse them money if they’ve done this. They might, in theory, count on that person’s financial assistance.
- Effects On The Custody Of Kids
In Canada, a divorce caused by infidelity does not affect child custody. Even if a spouse has engaged in adultery, it might impact child custody and child support payments. In addition, the right of visitation would not be harmed by this change.
- Property Settlements Will Be Affected
Even though it seems unjust, infidelity will not affect the property settlement. For vengeance against your spouse, you cannot take a more significant percentage of all of the property. To avoid a more costly divorce, you should avoid taking this route.
No matter what occurs, you and your husband are entitled to half of the marital property. When it comes to divorce, you may be able to use the fact that your spouse is living with their lover as leverage. However, you won’t acquire the vast bulk of the assets due to this. There will still be around a 50/50 split.
- Alimony Will Include Affair-Related Expenses
The other spouse might seek court reparation if the partner who committed adultery utilized family funds to finance their lifestyle. Alimony payments may be increased if the court finds substantial evidence of this effect.
Adultery: What To Consider When Filing For Divorce?
There are a few things to keep in mind if you’re divorcing your spouse because of adultery:
- The courts will require affidavits or testimonies from witnesses to prove that adultery occurred.
- An allegation of infidelity is not enough.
- To get a divorce, you just need one instance of infidelity.
- It doesn’t matter how long the relationship lasted.
- It’s safe to assume that the infidelity occurred before the divorce petitions were filed.
- To be deemed ‘adultery,’ there must be some kind of physical and sexual contact.
The individual with whom the adultery is committed might seek to remain anonymous in the proceedings.
The court is not trying to apportion responsibility for divorce in adultery divorce proceedings, notwithstanding what has transpired.
They are there to fix the problem. At the same time, many assume that their husbands are a more significant portion of the marital assets in most separation situations due to infidelity. The same rules apply to child support and alimony as they do in any divorce.
It’s more accurate to say that a divorce based on adultery is likely to be both time-consuming and costly in the long run.