HOW DOES ADULTERY AFFECT THE DIVORCE PROCESS?

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Unhappy couples may be forced to endure the ordeal of divorce. But if there is proof of cheating, everything changes. As a result of feeling betrayed, the cheating partner may seek vengeance or take punitive measures against the other person. Stay tuned for the solution to this question and many more from the divorce attorney blog post! Read on to find out more information.

To What Extent Does The Law Punish Adultery?

Even if you think you have a firm grasp of the concept of adultery, you may be surprised by the legal system’s definition of the crime. There must be an intimate and sexual relationship between one of the spouses and someone else.

According to the Divorce Act, adultery does not occur if one spouse is present in the same room as the other.

Expenses Related To Divorce Settlements Due To Adultery

Suppose it turns out that their partner has been cheating on them. As a result, many people who file for divorce believe they are entitled to a larger settlement since they are the aggressor and hence demand compensation commensurate with their role in the relationship.

However, this is not true. In most cases, the terms of a divorce settlement are standard. The court will not become involved unless the reasons for termination have been proven.

Infidelity can lead to the following outcomes in a divorce settlement:

Factors Affecting Spousal Maintenance

Your spouse’s decision to move in with an extramarital partner after an affair may have little to no bearing on the marital maintenance agreement. If they have done this, you have the right to refuse to give them any money. In theory, they may rely on that person’s financial support.

  • Impact on Child Custody Arrangements

Forget about it if you’re worried about losing custody of your kids because of an extramarital affair; in Canada, it won’t matter. Child custody and child support arrangements may still be affected by a parent’s adulterous behavior. As an added bonus, this modification would not compromise the visitation privilege.

  • Compromises In Real Estate Transactions Are Possible

Infidelity will not affect the division of property, even though this may appear unfair. You cannot take a larger share of the marital estate out of spite for your ex-spouse. You should not go this path if you want to keep your divorce costs down.

Both you and your husband have an absolute right to one-half of the marital estate. You might be allowed to use your spouse’s cohabitation with their lover as a bargaining chip in the event of a divorce. However, this means that you won’t be able to obtain the majority of the assets. Still, almost half will go to each side.

  • Affair-Related Expenses Will Be Included In Alimony

If the adulterous spouse used marital funds to support an extravagant lifestyle, the other spouse could file for spousal maintenance. The court has the discretion to order an increase in alimony payments if it finds sufficient cause to do so.

Divorce After Adultery: What You Need To Know

If your marriage has ended as a result of your partner’s adulterous behavior, you should know the following.

  • Evidence of adultery, such as affidavits of witness statements, will be required by the courts.
  • Claims of infidelity alone are not sufficient grounds for divorce.
  • One act of adultery is all that’s required to file for divorce.
  • It makes no difference how long you were together.

That the cheating happened before the divorce papers were filed is a safe assumption to make.

In order to commit “adultery,” a person must have had sexual relations with another person.

In cases of adultery, the alleged victim may wish to maintain anonymity.

FINAL THOUGHTS

Despite what may have occurred, the court is not looking to assign blame for the divorce in an adultery case. They’ve been sent in to resolve the issue. However, many women believe that their husbands are a larger part of the marital assets than they actually are because of adultery when they and their husband’s divorce. Child support and alimony are governed by the same standards that apply to any divorce.

In all honesty, it’s more accurate to say that a divorce based on adultery will take a long time and cost a lot of money.