How can I use evidence of adultery to favorable legal effect in a divorce?

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Question:

How can I use evidence of adultery to favorable legal effect in a divorce?

Answer:

The rules regarding what states can you use your spouse's adultery against them vary if you are referring to using adultery as grounds for divorce. However, even if you do not use adultery as specific grounds for a fault divorce, you may also use adultery in some cases to help you with child custody disputes. The key in either case will be proving that the adultery occurred. 

Using Adultery in a Divorce

Adultery can be used in two major ways in a divorce:

  • In states where a fault divorce is allowed, adultery can be considered fault grounds. Some of these states will take the adultery into account when dividing up your assets or making a decision regarding spousal support- but not all will. Getting a fault divorce may also sometimes be faster than getting a no fault divorce
  • In states where there are no "fault" divorces, then you could potentially still use clear evidence of adultery to your advantage if you are fighting over custody of your kids. When deciding on a custody schedule, the court will look at what is in the best interests of the child. If your spouse is involved in illicit relationships, this could arguably be a factor that weighs against his or her ability to provide a stable home for the child 

To get help in determining if your state is a fault state, or for other assistance in determining how you may be able to use your spouses adultery against him, you should strongly consider scheduling a consultation with an experienced divorce lawyer. 

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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