An adultery divorce can be painful for the parties to go through. There is often disappointment, anger and hurt involved in the process. While it is hard to do, it is best to focus on getting through the legal proceedings and moving on with your life if you decide divorce is what you want.
No Fault Divorce
In some states, no fault divorce is available. Some of the no fault divorce states also have fault grounds for divorce and others do not. You will need to consult local law to see what kind of state you live in. In a no fault state, generally, if both parties agree to the divorce, there is no need to assert the reason. In some of those states, you may still be able to use the adultery that occurred as evidence during the divorce case if it is relevant. Adultery can be relevant to certain issues.
At Fault Divorce
Other states offer divorce only based on fault grounds. Each state that has such a law has specific ground stated under which divorce can be granted. Some of the common grounds for divorce in at fault states include adultery; abandonment; cruelty; substance abuse issues; incarceration and impotence. While this is not an extensive list of all of the fault grounds in all at fault states, you can get an idea by the list of reasons under which you may qualify for divorce.
Adultery As Grounds for Divorce
One of the problems with asserting adultery as a grounds for divorce is that it is often difficult to prove. If you have some proof, make sure to retain any evidence whether it is video, photographs or witness testimony. Sometimes witnesses tend to get cold feet just before trial, so it is a good idea to get an affidavit from any key witness in your divorce case.
Not all states allow adultery as a grounds for divorce. In fact, some states follow a no fault divorce system. In states that do allow adultery divorce, the difficulty will be in proving the adultery for most people.
Getting Legal Advice
An experienced family lawyer can help you deal with your divorce case. Adultery may be grounds for divorce and influence your case depending on the law of the state in which you are seeking a divorce. An attorney will help you assess the law and what it means for your case.
