Adultery and Divorce
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Adultery and Divorce

Adultery and divorce. The two words often go together, but is there consequence for infidelity before a divorce?

If you had an affair, how will that affect your divorce?

If she had an affair, can you use that against her?

Amazingly the answer to all these questions is generally "no". There are two ways to run your divorce:

1. Negotiation and settlement: You treat your divorce like a business deal and create your own settlement without going to court

2. Litigation letting a judge decide: You treat it like a lawsuit, battle it out in court and let a judge decide your case for you.

In the event that you're able to negotiate and reach a settlement without going to court, infidelity is a not "legally" an issue.

This doesn't mean it won't have an emotional impact, but legally, it has no impact on your divorce because you're setting the terms yourselves.

What if you end up in court? Adultery is not addressed in the law. If you had an affair, you're not going to forced to pay more alimony or more child support.

It just isn't a factor when calculating alimony or child support.

What about division of assets? Here too it's not a factor. No judge is going to consider infidelity when deciding how to divide assets, retirement accounts like IRA's and 401k's. It won't be a factor when deciding debt either.

If you committed adultery, don't be intimidated into be bad settlement just because you had an affair.

Her lawyer might try to threaten you claiming that you'll be forced to pay more alimony or child support. It's not true! The fact is it's ignored by the courts.

If your wife committed adultery, don't expect her to be exempt from alimony or child support. Don't think that you'll be able to pay less because she had an affair. The fact is it's all a non-issue.

What about all the television shows where adultery is an issue? What about rich and famous people we read about getting in trouble after having an affair.

Why is adultery a big issue?

Its almost always because of a prenuptial agreement. Often times prenuptial agreements have a clause stating if infidelity is involved, the settlement is affected.

So if you have a prenuptial agreement with this clause, it could be an issue for you. But if you have no prenuptial agreement or there is not specific clause, then adultery will not be an issue.

If you're involved in a child custody battle, it could be a small factor if the relationship is still going on AND the children were somehow traumatized by the affair.

But if the adulterous relationship has ended and/or the children were completely unaware, in other words it didn't directly affect them, then again, it will not be a factor in your divorce.

For help resolving all your adultery and divorce issues and having a winning strategy, we recommend that you visit expert Matt O'Connell's webpage by Clicking Here.


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