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Infidelity Affect the Outcome of Your Divorce

Will Infidelity Affect the Outcome of Your Divorce?

Infidelity Affect the Outcome of Your Divorce

 

Infidelity is a common cause of divorce throughout North America. However, the effect that an affair might have on the outcome of your divorce case will vary depending on your jurisdiction. Different laws set out different standards for how infidelity impacts a divorce, and the following is some information about adultery and some examples of how your divorce outcome might be swayed if your spouse was unfaithful.

Adultery as Grounds for Divorce

For a long time, a spouse had to state “traditional” grounds for divorce that were based on marital misconduct, such as adultery. While all jurisdictions in North America now allow no-fault divorce based on the irretrievable breakdown of a marriage, some jurisdictions still allow spouses to claim fault-based grounds for divorce. In many cases, fault-based grounds can eliminate the need to be separated for a period of time before obtaining a divorce.

If you allege infidelity as grounds for a divorce, your spouse will have the opportunity to contest your allegations. If your spouse does contest, you will need to sufficiently prove the adultery occurred to obtain your divorce. This does not mean that you need to catch your spouse in the actual adulterous act, though you do need to present credible evidence that infers they were engaged in extramarital sexual conduct. Such evidence may include:

  • Statements from friends, family members, or other witnesses who knew about the affair
  • Credit card charges for gifts, hotel rooms, romantic meals, trips, or other expenses related to the affair
  • Emails or text messages
  • Not coming home often or another departure from normal routines without explanation
  • Seeing your spouse with another person

If you are unable to present evidence to support your claims of infidelity, the court can deny your petition for a divorce based on those grounds. You might need to file for no-fault divorce, which might require a period of separation before the case can get underway.

Adultery in a No-Fault Divorce

Many people file for no-fault divorce because it seems simpler or because their jurisdiction does not allow fault-based grounds. In this situation, infidelity may or may not play a role in the divorce process. While you can end your marriage without the court considering infidelity, your spouse’s conduct could still come into play when deciding certain issues in your divorce.

Property Distributions

In some cases, your spouse might have wasted marital assets on an affair. If you have records showing your spouse racked up credit card debt or otherwise spent money on gifts, meals, vacations, or other expenses related to their infidelity, you can claim your spouse wrongfully wasted assets that were rightfully half yours. In this type of situation, the court can decide to award you a larger property award to make up for the funds your spouse wasted for extramarital purposes.

Spousal Support Awards

Whether infidelity affects spousal support (or alimony) awards will depend on the law and policies in your jurisdiction. The laws can vary significantly, including the following:

  • Some jurisdictions prohibit judges from considering infidelity when it comes to spousal support, as the focus should be on the financial need of the recipient spouse
  • Some jurisdictions prevent a spouse from receiving alimony if they were unfaithful
  • Some jurisdictions entitle a spouse to a higher spousal support award if their spouse was unfaithful

It truly depends on where the divorce is occurring, and a knowledgeable divorce lawyer in your jurisdiction can advise you how infidelity might affect your alimony award.

Child Custody

Some spouses might think their children should not be around a parent who sets an immoral example by having affairs. However, a spouse’s infidelity does not make them automatically unfit to parent under the eyes of the law. Instead, the court will consider what is in the best interests of the child when determining custody arrangements. Some factors the court might consider include:

  • Is the adulterous spouse engaged in affairs with numerous people at the same time?
  • Does your spouse expose your child to inappropriate situations as a result of his affairs?
  • Is the adulterous behavior accompanied by substance abuse, being gone for long hours, or other behavior that puts the child at risk of harm or neglect?

If the court believes that your spouse’s parenting abilities are impacted by the circumstances accompanying the infidelity, it might impact the custody determination.

Resolving Your Divorce Case

Even if you are rightfully angry and hurt by your spouse’s infidelity, this should not be the driving force leading to a certain outcome of your divorce. Family courts encourage divorcing spouses to focus on resolution instead of blame and fault, as this often makes it easier to compromise and reach out-of-court agreements. In some cases, raising the issue of infidelity can improve your divorce outcome while, in others, it might simply distract from the important issues and not impact the outcome at all.

If you are filing for divorce because your husband was unfaithful, it is important to examine all of your options and strategies with an experienced divorce lawyer. This way, you can take the best approach to ensure the best possible outcome of your case.

The post Will Infidelity Affect the Outcome of Your Divorce? appeared first on Divorced Moms.

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How Do Sexual Assault Allegations Affect a Divorce?

How Do Sexual Assault Allegations Affect a Divorce?

Whether or not you can prove your sexual assault allegations case with evidence in divorce court, a compassionate judge may grant you the ruling you request in an attempt to keep you safe and give you peace of mind.

The post How Do Sexual Assault Allegations Affect a Divorce? appeared first on Divorce Magazine.

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child custody & vacation

Child Custody & Vacation: How Can Travel Plans Affect Your Custody Agreement?

child custody & vacation

 

Traveling as a family isn’t very complicated. As a duo, you were able to decide on the best location, dates, budget, meals, and packing strategy. In a divorce, traveling with children is a whole new ballgame. Suddenly your plans require extra steps and the law can get involved.

Traveling plans affect custody agreements in a variety of ways. Depending on traveling plans, custody agreements are subject to modification. If you have concerns about your custody agreement and are in search of a divorce lawyer, please refer to your local directory and get the answers you need regarding child custody.

Local lawyers will fight for you and your child’s best interest and will provide you with unique and individualized attention. While there are little-to-no ways of avoiding traveling issues between you and your ex, there are steps that can be taken to ease the process.

Please consider the following step by step maneuvers when dealing with child custody and vacation:

Have a Written Agreement

Needless to say, upon divorce there must be a written document in place that addresses child custody arrangements. There are no defined rules for custody and you and your partner are allowed to modify pre-established agreements. Within this agreement, should be a section designated to special occasion custody circumstances. When undergoing a divorce, it is critical to have in writing, under what circumstances one parent is allowed to travel with the child.

Can the child and parent leave the country? Will they be unsupervised? Is the other parent allowed contact with the child during the vacation? All these concerns and more must be addressed in writing to avoid disputes and serious legal complications.

What is a Controlling Document?

Specific conditions related to travel should be included in a controlling document. There are basic provisions that should be clarified within the document, such as whether the parent must be notified if the parent is taking the child out-of-state.

More specific issues should be clarified as well. If one parent has pre-decided custody for a certain holiday, but the other parent wishes to take the child on vacation during the same holiday, the protocol for those circumstances must be made clear.

Who is allowed to travel with the child and parent and who is not? This should also be included in the document. Who will provide proper travel gear for the children and who will store this equipment? Is the child allowed to miss school days for vacation time? All of which must be addressed in advance. An important issue that must be decided upon divorce is which parent will store travel papers and official documents and how soon must they provide the other parent with that information.

Travel Rules

If your ex successfully takes the children on vacation and then begins violating your previous agreements, you are allowed to sue them for breach of contract. If your ex does not allow you to speak to the children on vacation, you can file a motion with the court and have your former spouse held in contempt of a court order. This notifies your ex that if they continue to breach the agreement, you will take legal action – just because they are not physically reachable, they will face consequences.

Don’t Wait, Contact A Divorce Lawyer Who Can Provide Assistance

There is no way to completely prepare for every possible scenario that may occur upon traveling. The more issues you and your ex are able to address and reach consensus on prior, the better. If you are in search of a qualified divorce lawyer and want legal guidance on custody issues, contact a legal team to schedule a meeting with a passionate professional today and ease your custody concerns.

The post Child Custody & Vacation: How Can Travel Plans Affect Your Custody Agreement? appeared first on Divorced Moms.

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