Adultery or infidelity has always been a major issue for married couples. When one spouse violates their wedding vows by becoming intimate with another person, divorce is a real concern. A significant portion of modern divorces begin with claims of infidelity.
Not only does adultery potentially cause divorce, but it can drastically complicate the process of legally ending a marriage. Spouses preparing for a divorce related to adultery are likely to face some or all of the complications outlined below during the divorce process.
Concerns about dissipation
Typically, bad behavior during marriage doesn’t affect how the courts apply state statutes. The same baseline property division, financial support and custody rules apply regardless of why spouses divorce. However, allegations of dissipation can arise in adultery-related divorces.
If one spouse used marital assets, spent marital income or accrued debt while conducting an affair, that may constitute dissipation. They wasted marital resources while engaging in behavior that damaged the marital relationship. Dissipation allegations can result in protracted financial disputes. Spouses may need to validate how much money the affair cost and factor that into property division matters.
Childcare concerns
Many adulterous relationships are short. However, some people commit to their affair partners. They move in with them when they separate from their spouses and start trying to play happy family. That can cause a lot of conflict when there are still minor children in the family. Parents may have a hard time agreeing on custody matters. One spouse may insist on rules preventing an affair partner from providing childcare.
Adultery has a tendency to create tensions in parent-child relationships in addition to creating strain between the spouses. Childcare disputes and other custody disagreements are common when marriages end due to infidelity.
Heightened emotions
The spouse who cheated may feel an intense sense of shame that can influence how they respond to various aspects of the divorce. This spouse who uncovers the adultery is likely to experience intense emotional reactions ranging from depression to rage. The emotional reactions of both spouses can make for protracted disputes and messy divorce negotiations. Adultery often makes divorce more complex but does not necessarily change what rules govern divorce. The right information can help spouses approach divorce in a pragmatic and rational manner.
Spouses divorcing because of infidelity often need help keeping a focus on the big picture and setting realistic, achievable goals based on their circumstances. Understanding how infidelity can complicate an upcoming divorce may help spouses prepare for the difficult process ahead.