Does Adultery Affect a Divorce Case?

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. Here’s how adultery can factor in to a “fault” divorce case:

Adultery may lead to a quicker divorce.

In states that allow for both “fault” and “no-fault” divorces, “fault” cases may actually get finalized quicker. That’s because many states require waiting periods for “no-fault” divorces, ranging from 20 days to 18 months.

By contrast, there’s generally no waiting period for a “fault” divorce due to adultery. But the adultery must first be proven in court, which could take time if you’re involved in a contentious divorce.