How Does Adultery Impact Divorce?
There are a myriad of reasons people get divorced. Of these, year after year, adultery continues to top the list of reasons. When someone is unfaithful in a marriage, it is often impossible for their spouse to get past it and trust their partner as they once did. While there are a number of psychological and emotional challenges associated with infidelity, it can also have a legal impact on a divorce case. Below, our Media divorce lawyer explains more.
Adultery is Grounds for Divorce in Pennsylvania
The legal definition is an act of voluntary sexual intercourse between someone who is married and another person who is not their spouse. Although every state in the country outlines different grounds for divorce, the majority of them outline adultery as reason for divorce. The Pennsylvania Consolidated Statutes list a number of grounds for divorce and adultery is among them.
It is important to note that Pennsylvania also allows couples to obtain a no-fault divorce. In these cases, one spouse must only claim that the marital relationship is irretrievably broken to obtain a divorce. No evidence is necessary to show that one spouse’s wrongdoing was the reason for the breakup of the marriage.
Spouses who file for divorce on the grounds of adultery must file a fault-based divorce and state that their spouse is the reason for the breakdown of the marriage. They must also present evidence to prove the infidelity. While it may seem easier for some to simply file a no-fault divorce after their spouse has been unfaithful, there are advantages to filing a fault-based divorce after infidelity.
The Legal Impacts of Adultery in Divorce
Although adultery will greatly affect the interpersonal relationship of the parties involved, it will also have legal impacts on a divorce case. In Pennsylvania, adultery will not likely affect the equitable distribution of marital assets, unless it can be shown that the unfaithful spouse wasted marital property, such as funds in a bank account, on the affair.
Adultery is more likely to have an impact on spousal support in a divorce. For the spouse who has been wronged, adultery can result in more spousal support, or alimony to be ordered even if it would not have if adultery was not an issue. Family law judges may also deny spousal support to the guilty spouse, or order less than what would have been available otherwise.
Many people do not think adultery will impact child custody matters, but it can. All child custody matters in Pennsylvania are decided according to what is in the best interests of the child. If the child was exposed to the affair or otherwise harmed by it, a family law judge may determine the child suffered enough harm and therefore, award the wronged spouse more time with the child.
Our Divorce Lawyer in Media Can Prove Your Case
There are benefits that come with filing divorce on the grounds of adultery, but proving your claim is essential in these cases. At Barbara Flum Stein & Associates, our Media divorce lawyer knows how to prove these cases and will put that expertise to work for you. Call us now at 610-565-6100 or contact us online to request a consultation and to learn more about how we can help.
Sources:
law.justia.com/codes/pennsylvania/title-23/chapter-33/section-3301/#:~:text=–The court may grant,(2) Committed adultery.
pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/231/chapter1920/chap1920toc.html&d=reduce
