Infidelity: Will it Affect Your Divorce Case?

Love triangle, a girl is hugging a guy and he is holding hands with another girl, they are sitting together on a benchCheating is extremely painful, which is also considered one of the worst forms of betrayal. It affects relationships negatively and may even cause a divorce between couples. If you are ending your marriage with a cheating spouse, you may be wondering if it has any effect on divorce settlement decisions like custody and asset distribution.

In no-fault states like Colorado, California, and Washington, cheating has no effect on the case. This is because they don’t require a proof or evidence of wrongdoing that a certain party is to blame for marriage dissolution. It is usually irrelevant and rarely has a substantial impact on child custody determination as well as the distribution of marital assets.

While infidelity or adultery does not affect most cases, divorce attorneys in Boulder note that there are some instances where it can be admissible. This can happen if there is:

Involvement of marital assets and properties

The cheating party has used the joint savings account or marital assets in supporting the affair or relationship. If a husband, for instance, uses money from a joint account to buy his mistress expensive things, like jewelry pieces, that would be considered when deciding on asset distribution.

Exposure to inappropriate situations

The spouse has exposed the kids to the extra-marital affair or improper situations during the relationship. Note that custody decisions are based on the children’s best interest and their relationship to the parent. The infidelity would need to affect the kids in an adverse way (like making the cheating spouse seem an irresponsible parent) for it to be considered in the decision.

Adultery can bring on many emotions like guilt, embarrassment, and anger. These feelings can sometimes affect the settlement decision. This is why it is important to keep your emotions in check and don’t let them rule your attitude and behavior.