If you have been accused of infidelity or your spouse has cheated, it is critical to understand how this may affect divorce procedures. While infidelity will almost likely terminate a marriage, would it affect the outcome of the divorce, such as property distribution, custody, and alimony? Consult a divorce lawyer near me to understand whether infidelity counts in a Massachusetts divorce and how it can affect your case.
Fault-based divorce and adultery
The first effect of infidelity on divorce is the very first step – filing. Adultery is one of the reasons that a spouse may claim to file for divorce in Massachusetts. This is referred to as a fault-based divorce. While you can cite infidelity as grounds for divorce, you are not obligated to do so.
No-fault divorce has several advantages, notably because establishing blame will need proof of adultery. Because this can become a public record, a fault-based divorce is less private and more difficult than a no-fault divorce. Even if infidelity happens, you can avoid the notoriety, money, and time associated with a disputed or fault-based divorce by selecting an alternate resolution, such as mediation or collaborative divorce.
You should not take the choice to declare infidelity as grounds for your Massachusetts divorce lightly. That is why it is recommended to speak with your attorney about this and all other issues of your divorce.
How cheating affects property, custody, and support
Another thing divorcing spouses want to know is how infidelity affects child custody, child support, alimony, and property division. These concerns must be settled during a divorce, and they might be difficult to agree on.
While every case is unique, here are some things to keep in mind:
- Adultery normally has little bearing on the split of property and assets in a divorce in Massachusetts, as this is determined through the equitable distribution procedure. However, proving that marital assets were spent in the crime of adultery may impact how property is distributed.
- Child custody and maintenance are normally unaffected by adultery unless the act or acts of infidelity were detrimental to the child’s best interests. The courts will make custody choices based on what is best for the kid, and support will vary depending on custody.
- Infidelity may impact alimony payments if there is a large disparity in earning ability between spouses. This, however, will be determined by all of the other facts of the case.
If you are considering divorce because you have been accused of infidelity or discovered that your spouse is cheating, you are on a difficult journey. The best way to make things easier for yourself is to get the help of a good lawyer, so speak to one today.
