Divorce Papers > Divorce Adultery
Divorce is not a rare occurrence in the United States, with more than fifty percent of marriages coming to an end. According to statistics, almost 30% to 60% of married individuals are involved in infidelity at some point of their marriage. Such condition ultimately results in a large number of divorce filing cases, if discovered and proved. Every type of divorce is granted on the basis of valid grounds specified by the divorcing parties. Adultery is one popular ground known on the basis of which various cases are filed as per the past records of divorce in many states of the US.
A divorce adultery ground is only valid in the case where one married spouse is found to be cheating his/her partner by having extra marital affair with any third person and likewise. However, the complaining spouse needs to come up with valid evidences to show the adultery condition. In the recent past, some courts have extended the meaning of adultery to include any personal, intimate sexual relationship with a third party. After this extension was made, the sex, marital status and specific sexual acts of the third party became insignificant. As per the above reasoning, homosexual relations by married individuals were also considered adulterous.
Understanding the Hints of Adulterous Actions
An innocent spouse can easily get some hint that his or her spouse is committing adultery, when the following traditional signs are visible:
Proving Divorce Adultery
A majority of the states in the US do not consider adultery as an illegal act or a crime. However, it is acceptable as a viable ground for divorce. Some states where no-fault divorces are easily granted have not made it necessary for the innocent partner to furnish evidence of adultery for obtaining a divorce.
In some states, it is essential to prove fault in an adultery case. In cases where both the partners admit that one of them has committed adultery, this is not sufficient. There must be independent evidence that should clearly reflect that the accused partner has committed adultery. For this, extensive investigations are essential. Some of the forms of evidence include:
Adultery and Divorce Support
Adultery may have an immediate effect on the amount of support payments in the forms of child support, alimony support or property division. In most of the cases, the accused may have to give greater amount of alimony or major portion of marital property. Adultery is one major factor that can actually put its impact on decision regarding child custody and support matters. Many states also consider the extent of adultery and the best interest of the child while taking the final decisions related to the child.
Essential Points to be Remembered
You must be aware of some major requirements before filing a divorce case in the court. Some major points are:
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No Fault Divorce
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