Can adultery be used against a spouse in a divorce?
Kimberly Ann Bastes
Can adultery be used against a spouse in a divorce?
Adultery is defined as conduct between a married person and a third party that is considered unfaithful. It’s the act of infidelity, and it can cause an irreparable rift in relationships. Although there are currently no laws that deal with the criminal aspect of adultery, it can be used against a spouse in a divorce. Many who have found themselves in the position of being cheated on or whose spouse has been cheated on wonder what it all means for their divorce.
It's a very common misconception that adultery can be used as grounds for divorce in the courts, but it is often not possible to use adultery as evidence of fault in a divorce case. The laws on this vary depending on the state, and there are many factors that could affect the court's decision.
In general, the law says that you can only get a divorce on grounds of adultery if you can prove that your spouse was cheating with someone who lives within your state's borders. Even if you can prove this, though, in most states this will not be grounds for divorce unless you were still living together when your spouse had an affair. If they cheated while they were separated or while you were getting a divorce, this won't help you.
If your spouse had an affair with someone from out of state, it might be possible to claim that their actions have brought "about the destruction of the marriage", which is one of the main reasons why states will allow divorces. However, it is also possible that some states could consider adultery as "moral misconduct", which would mean that you're not allowed to get divorced based on this alone. In some cases, this may also be considered wrongful behavior by your spouse and thus something for which they are responsible.
If you need a divorce lawyer, please call this law firm for a free consultation
Ascent Law LLC
8833 S Redwood Rd Suite C
West Jordan UT 84088
801 676 5505
www.ascentlawfirm.com
