Why An Affair May Not Matter In Your Divorce

In the wake of extra-marital affairs the worst things are said and the worst thoughts are made. It’s an extremely emotional time and rash actions could impact your life going forward. But what is important to remember is that, apart from perhaps being the reason for the divorce, infidelity has no place in the divorce proceedings.

Far too often we forget that divorce is not an emotional process at its core but a decisive legal action. When it comes to splitting property, dividing assets and custody, other factors are much more important.

Still there are some detractors who believe that eliminating the emotional aspect leaves out a crucial part of the proceedings. How can one sit back and watch their life dissipate without letting the court know what the cause was? But remember in no-fault proceedings the morality of a partner goes out the window. It is not illegal to cheat, it may be inherently wrong but it is not illegal. According to the Huffington Post here are some things to look out for when you are unsure whether or not an emotional approach would hinder or aid the process.

1. Extramarital Affair: It isn’t a legally punishable sin in a no-fault divorce. The pain a person endures when discovering his or her spouse has been unfaithful is gut wrenching. However, the court doesn’t have the power to punish a party for his or her moral transgressions. The only thing that may become an issue would be money spent during the affair.

2. Control: This is clear example of a gray area. A common complaint among people getting divorced is that the other spouse was controlling, and the control significantly limited the opportunities available to the non-controlling spouse. For example, a spouse might claim he or she would have either worked outside of the home or taken a different job if the controlling spouse would have allowed it. spouse.

3. Abuse: Whether emotional, physical or both, abuse is a horrendous, but if you live in a state where the court will not consider fault, abuse is not a factor considered by the court when dividing property or awarding support. There may be a legal case on the physical side but in certain no fault cases, it has no place unfortunately.