A simple definition is in order here.    Adultery is the physical act of intercourse.  And no, that's not my "male" definition, it's from Black's Law Dictionary.  If you and your spouse disagree, take it up with them! 

Cheating can have very strong consequences to your divorce action or it can have little to no impact at all, it depends on your situation.  The "cheater" is generally prevented from winning spousal support or alimony unless there it's denial would result in a "manifest injustice."  What is a "manifest injustice?"  Darn good question, and the answer is kind of a "I know it when I see it" situation. 

Adultery is also considered in dividing the marital estate by the judge as it is a ground of marital fault.  If you assume that the division of the marital estate should be 50/50, sometimes adultery can shift the division. 

Adultery can also be very difficult to prove in a divorce setting.  You need clear and convincing evidence that adultery has occurred.   Divorce attorneys, including myself, have a network of private investigators that we keep in our Rolodex for this purpose.

Adultery also effects your divorce proceeding, because it is the one divorce ground that does not require a waiting period before filing for divorce. 

One final note, most of the time, adultery does not and will not affect your rights with your children.  The Judge will not consider the reasons of why the marriage ended when determining what is in the best interests for your children.

--- Shane L. Jimison, Esq. 

 

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