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Does Cheating Matter?

16/09/13 5:00 PM

Couple Fighting

In some cases, people decide to file for divorce due to a reason recognized by the state, also known as grounds for divorce. While states such as Connecticut accept no-fault divorces, in which neither spouse takes responsibility for the causes of the divorce, grounds for divorce are still called upon if one spouse can prove in court that the other spouse is responsible for reasons that led to the dissolution of the marriage. Grounds for divorce include cruelty, desertion, and adultery. Many people who are considering filing for divorce wonder how their partner’s infidelity will affect the divorce case. Many spouses see cheating as the ultimate betrayal, and want the court system to punish cheating spouses for breaking the marital bond.

In the past, adultery was a more serious matter than it is today. If one spouse could prove that the other committed adultery in court, the cheating spouse would be at-fault for the breakdown of the marriage. Fault for a divorce played a role in the awarding of support or alimony and who received assets and property from the marital estate.  Today, the existence of adultery doesn’t impact a case as much as it used to. It is not a judge’s job to condemn a cheating spouse for his or her moral transgression. While a judge may feel sympathy for the spouse who was cheated on, a judge cannot let those feelings guide the resolution of the case. In addition, committing adultery does not automatically make a spouse a bad parent, meaning that even if your spouse cheats on you, there is no guarantee that you will receive full custody of your children. In fashioning a settlement or decision, the court looks to the equities involved. A judge will consider who contributed what to the family, and how the result should be divided in a fair manner.

Learning that your spouse has cheated on you can be devastating. You might find yourself in personal turmoil, wondering how you will recover from this betrayal. However, in a Connecticut divorce, cheating will not influence the case as much as it did in the past. You will probably have much more compelling legal arguments to make in court. A smart divorce lawyer considers all avenues, sometimes pursuing adultery as a cause for legal tactical advantages, sometimes pursuing more compelling arguments.  If you are dealing with a cheating spouse and you feel that divorce is eminent, you should contact us to see how it will impact your case.  Every case is different, and no universal standard applies, so it is in your best interest to contact us for help with your personal case.

Posted by Stephen Lebedevitch | in Connecticut Divorce 101, Grounds for Divorce | Comments Off on Does Cheating Matter?

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