Adultery is one of the most common reasons people choose to end marriages. When one spouse has failed to uphold their vows and has been intimate with an outside party, their choices can cause emotional issues in the relationship and may even expose the other spouse to medical risk.
Spouses reeling from the discovery of an extramarital affair may want justice as they pursue divorce proceedings. Do the courts punish those who conduct extramarital affairs that inspire divorce?
No-fault divorce limits consequences
There are many benefits of no-fault divorce proceedings. The ability to end a marriage without proof of misconduct can be invaluable, especially if one spouse goes to great lengths to hide proof of their bad behavior.
Unfortunately, no-fault divorce proceedings limit the ability of the courts to address marital misconduct. In most cases, proof of adultery is unlikely to significantly influence the outcome of litigated divorces. Judges dividing the marital estate typically cannot consider misconduct during the marriage when making decisions about assets and debts.
Misconduct from one spouse that affects the relationship is also unlikely in most cases to influence the outcome of custody proceedings. Judges do not consider grudges between parents or the failure of one’s spouse. They must focus on the best interests of the children.
In cases where one spouse has clear proof that the other wasted marital assets on an affair, evidence of that financial misconduct could influence the outcome of divorce proceedings. Judges can hold spouses accountable for wasting marital income or accruing debt while conducting an extramarital affair.
For the most part, spouses divorcing due to infidelity cannot expect major concessions in court orders solely because of infidelity. Pursuing divorce with realistic expectations can help people focus on building a brighter future after a spouse’s adultery.