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Can Infidelity Affect My Divorce Case?

Infidelity, a term that signifies a breach of trust through marital unfaithfulness, can have a devastating impact on a marriage, often leading to its dissolution. Infidelity can also influence the outcome of a divorce case in several notable ways. Mahoney Richmond Thurston, PLLC, provides an overview of how infidelity can affect your divorce proceedings at a consultation. Contact our firm to discuss your case. 

The Role of Infidelity in Divorce Cases

In divorce cases, infidelity can play a significant role in the outcome. Virginia is a no-fault state, but adultery is considered grounds for an at-fault divorce under the law. 

In a no-fault divorce, the spouse seeking a divorce doesn’t need to prove that the other party did anything wrong. Therefore, infidelity may not directly impact the divorce proceedings or the division of assets. However, it could indirectly influence decisions about child custody if it can be shown that the unfaithful behavior had a detrimental effect on the children.

In an at-fault divorce, one party’s misconduct, such as adultery, can be the grounds for divorce. Here, infidelity can potentially affect the division of marital assets and spousal support. It’s important to note that proving infidelity can be challenging and typically requires substantial evidence. No matter how complex your circumstances, our attorneys will help you find the next steps forward.

Legal Consequences of Infidelity

While the emotional consequences of infidelity are well-known, the legal consequences can also be significant. If proven, infidelity can impact several aspects of a divorce settlement:

  • Alimony: Infidelity can affect the amount or duration of alimony. It’s possible that the spouse who strayed from marital fidelity may have to bear a higher financial burden in the form of increased spousal support. This is often based on the premise that their actions contributed to the dissolution of the marriage.
  • Property Division: Although less common, infidelity can influence the division of marital property, potentially resulting in a larger share for the innocent spouse.
  • Child Custody: While infidelity does not directly affect child custody decisions if the unfaithful behavior negatively affects the children, it could influence custody arrangements. The court’s primary concern in such situations is always the welfare of the children and ensuring they are placed in a stable and nurturing environment.

Specific Laws and Considerations

In Virginia, it’s important to understand the laws regarding the impact of infidelity on divorce proceedings. It’s crucial to consult with a knowledgeable family law attorney who is familiar with your state’s specific laws. We can provide accurate advice tailored to your situation.

Contact Our Firm to Discuss Your Legal Case

Infidelity can complicate a divorce case and potentially alter its outcome. If you’re navigating a divorce where infidelity is a factor, professional legal guidance is essential. At Mahoney Richmond Thurston, PLLC, we bring our experience, empathy and commitment to every case, ensuring our clients receive the personalized legal assistance they deserve. Contact us today. Our team of experienced attorneys is ready to provide the support and guidance you need during this challenging time.