How can I prove that my spouse is cheating to file for a divorce?

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Question:

How can I prove that my spouse is cheating to file for a divorce?

Answer:

While in years past, a cheating spouse and divorce were almost indivisible, today few states even accept fault-based divorce pleas, and none require it. For that reason, you may not need to prove infidelity to file for divorce. However, there are other reasons why it may be to your advantage to provide evidence that your spouse cheated.

Many divorces are more focused on issues other than fault. The key elements are based on getting the upper hand in a number of issues that are being contested, such as:

  • Division of property
  • Spousal support
  • Child custody
  • Child support

While most courts do not make fault the determining factor in these decisions, many judges certainly consider infidelity when making their final rulings. For that reason alone, it can be important to prove the other partner’s unfaithfulness long before the divorce reaches court.

In addition, if you can obtain evidence that your spouse is cheating, you may be able to obtain a better settlement agreement outside of court, in return for not making their infidelity public. Service in the military, some occupations, and some managerial positions depend on good character. This may be a strong bargaining chip. If you need evidence of cheating by your spouse, you may want to consult a divorce attorney to help find the evidence you need and either negotiate a positive settlement or win a better settlement in court.

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