Divorce Guide

Divorce Guide

Adultery And Divorce

Adultery is a very common cause of divorce. It is nothing worse than knowing that your partner is no more yours and has an extramarital relationship. Itís an emotional shock and feeling of deception that has a long lasting effect on your mind. Most of the spouses are not able to forgive and forget the adultery caused by their partners. Thus adultery becomes a major reason for divorce. Adultery and divorce are closely linked to each other in that sense.

Since no-fault divorce has become a common law in each and every state of USA, a spouse does not even need to prove the adultery caused by his or her partner. The knowledge of the adulterous behavior of the partner itself becomes the ground for divorce. Although it is advisable that adultery for the first time should be forgiven and not become a cause for divorce, but 99% of the couples opt for divorce in case of adultery. Even Christian community and the Church do not interfere if adultery is the basis of divorce. To preserve the sanctity of marital relationships adulterous behavior is regarded as an acceptable ground for divorce.

Adultery affects the divorce proceedings in many aspects. It has an important role to play in divorce negotiations. What benefits a man or woman gets after divorce is greatly influenced if adultery is the basis of divorce.

Adultery has financial implications in divorce settlement. If the adulterous spouse has misappropriated the marital fund or income to bear the expenses of the other partner then this is seriously considered by court in divorce settlement. The court tries to be fair in its judgment and thus infidelity is considered as an unfair practice. Sheila paid the rent for her boyfriendís flat from the salary of her husband. This was reported to the court by Sheilaís husband and court ordered her to compensate him for the loss.

Any such misappropriation is considered "injurious" for the other partner and thus becomes an offence in the eyes of the court. Thus if the adulterous spouse has spent a huge sum of money on his or her girl friend or boyfriend by ways of vacationing, expensive gifts, buying house, or financial investment, then it has monetary implications on the divorce settlement.

Adultery does not influence the judgment related to child custody. The court generally tries to see that the child does not become a victim of his parentís behavior. Thus there have been cases where the legal custody of the child has been given to the adulterous parent because the court thinks him or her to be a better guardian.

When the divorce is caused due to adultery then the adulterous spouse generally becomes subdued and does not object to most of the things. He or she somewhere feels the guilt and probably wants to compensate by putting less resistance. In some cases however, the adulterous partner becomes bitter and defensive to hide the guilt.

Thus divorce and adultery are closely related because the when adultery is the basis of divorce the case takes a different color at every step.

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