Divorce Adultery

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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:

  • Sudden and unexplained alterations in the appearance and behavior of the spouse
  • Unexplained and excessive expenditures performed by the adulterous partner
  • The sex life of the married spouses is marked by a certain coldness
  • The adulterous spouse has long durations of unaccounted time and he or she uses irrelevant excuses to explain those
  • Some of your friends might give you some hints and these were disregarded by you in the recent past

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:

  • Any eye-witness or photographs
  • Love letters or voice mails
  • E-mails
  • Internet chat history
  • Hotel or travel records
  • Gift bills
Some innocent spouses hire private investigators to gather proof regarding their partner's adultery. These professionals greatly contribute to collect all relevant evidences in the form of photographs, projecting all intimate moments shared by the adulterous partner and the third individual. The maximum probability is that the investigator may be able to collect photos of the couple hugging, dancing or perhaps kissing in restaurants and bars. Another occasion is when they are entering or leaving an apartment or hotel room.

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:

  • It is essential that you must go through all laws and rights of divorce that are specifically implemented in your state.
  • You must consult to an experienced attorney to have a relevant guidelines about each court proceeding followed as per your divorce case.
  • You should ensure that all information and details should be transparent with your attorney to avoid any confusion or complication in further stages of the process.
  • All evidences should be collected in a fair and legal manner.
A divorce involving a cheating spouse is an emotional and devastating experience. Once the spouse comes to know about the betrayal behavior of the partner, the situation leads to intense arguing, fighting and an emotional trauma. In most of the cases, it must be independently proven and requires a lot of investigation. The spouse who has been accused of adultery also may contest the grounds for divorce. The legal issues surrounding adultery and divorce are different depending on the state with jurisdiction over the divorce case.

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