June 29, 2012
Adultery & Divorce
A spouse's adultery, once discovered, can lead to arguments, resentment, and even divorce. But do courts look less favorably upon an adulterer in a divorce case?
Generally, no -- thanks to the concept of "no-fault" divorce, now available in all 50 states. In a "no-fault" divorce, either spouse can seek a divorce for any reason, and it doesn't matter who's at fault.
But some states still allow the option to pursue a "fault" divorce, in which adultery may play a role.
Read more here.
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In Canada, the notion of "fault" in divorce is largely irrelevant, particularly with respect to adultery. The question of spousal support is largely compensatory, looking to the means and needs of each spouse during the marriage, and the time and resources put into it.
Posted by: James Cooper | Jun 29, 2012 10:48:21 PM
link not working, at least not for me. Even in "irreconcilable differences" states like Florida, a party will be held financially accountable for spending marital assets on another lover.
Posted by: Ken Turner | Jun 30, 2012 9:50:13 AM
In Oklahoma Divorce Court, neither spouse is allowed to introduce evidence of 'fault' unless it is to prove that their ex gambled away marital money.
Posted by: Divorce Forms | Jun 30, 2012 9:11:10 PM
Adultery can be a very real factor in Louisiana divorces where issues such as spousal support are contested. This can lead lawyers to force a trial on the adultery
Posted by: Will (divorce lawyer in New Orleans) | Jul 8, 2012 12:59:15 PM