Does Committing Adultery Impact Division Of Assets In A Divorce?
Does committing adultery impact division of assets in a divorce?
The rule of thumb is that, yes, adultery can impact a divorce does it always, no, but if the parties are unable to reach any type of agreement whether through just informal means or through an actual mediation then your divorce goes to an absolute trial on the marriage. The issue of adultery can be utilized by the non-offending spouse to justify an unequal distribution of the material estate by the Trier or the Judge. In practice this issue, although I get all types of questions about, she cheated on me, or he cheated on me and I want him to pay for that, it can be utilized but in practice, you typically have to go to trial to realize the full advantage of such facts. Overall it can be used at mediation they absolutely can, and they are but, I guess my experience is it does not have as large an effect as people might think unless you go all the way to trial and the court takes the defense to the behavior of the spouse. I have seen all kinds of obscene behaviors that absolutely justify once that’s being awarded a greater percentage but, I think as society has evolved and changed over the years the courts have taken less offence at these types of behaviors over time and will vary in degree.
Get your questions answered - Call for a free consultation (210) 524-7798.