Written By:
Divorce.com Staff
According to one study, adultery is reportedly the cause of 21% of divorces.
In general, men are more likely than women to cheat. However, women between the ages of 18 and 29 are slightly more likely than men to do so. After age 30, the trend flips, and men have higher rates of infidelity.
You may be unsure what to do if you discover your spouse is cheating. To understand your rights if your spouse committed adultery, follow the tips in this article.
Key Takeaways
Adultery is technically a crime in some states.
To prove adultery, you need a third-party witness.
Adultery can be used as grounds for divorce but complicates the proceedings.
Infidelity can impact the property division if marital funds were involved in the affair.
Alimony can be influenced by adultery in some instances.
Child custody is affected by adultery when the affair directly impacts the child.
Adultery is technically a crime in some states.
To prove adultery, you need a third-party witness.
Adultery can be used as grounds for divorce but complicates the proceedings.
Infidelity can impact the property division if marital funds were involved in the affair.
Alimony can be influenced by adultery in some instances.
Child custody is affected by adultery when the affair directly impacts the child.
Is Cheating On Your Spouse Breaking the Law?
Adultery is technically a crime in 16 states. While the penalties could include fines or jail time, these laws are rarely enforced. In addition, there are questions as to whether these laws are even constitutional and would be held up under appeal.
How Do I Prove That My Husband Cheated?
If you want to prove that your spouse committed adultery in your divorce case, you must have a witness other than yourself to the act of adultery. This usually means hiring an investigator to obtain photos, video, or eyewitness testimony.
It is very challenging to prove adultery because of these evidentiary requirements. It is also unnecessary since every state in the U.S. allows no-fault divorce. You don't need to prove your spouse cheated to get a divorce.
Related Reading
My Spouse Committed Adultery: What Are My Rights?
If your spouse cheated, the biggest thing to consider is your own mental and emotional health. Learning that your spouse has been unfaithful is stressful and unbalancing. Take care of yourself and see a therapist or counselor if you need help.
Although you don't need to prove adultery to get a divorce, it can impact your divorce in the following ways.
Fault vs No-Fault Divorce: How Infidelity Influences Legal Proceedings
When you file your divorce petition, you must state the grounds (reason) for your divorce.
Every state allows no-fault divorce, so you can choose to file for divorce using no-fault grounds. There is no way for your spouse to contest no-fault grounds, so the divorce process moves immediately to the division of assets and custody.
If you choose to use grounds and file for a fault divorce, you must give the court a reason why you want a divorce. In addition to adultery, this can include abandonment, insanity, imprisonment, cruelty, or inability to have intercourse.
If you use fault grounds for your divorce, your spouse can contest it. This means you will have a grounds trial where you must prove adultery or whatever grounds you allege. To prove adultery, you must have a witness other than yourself who can provide evidence of the adultery.
A grounds trial can be expensive and painful, and it simply draws out the divorce process and highlights the pain of the breakup.
Final Thoughts
If your spouse committed adultery, you are likely struggling with feelings of hurt and betrayal. Understanding how infidelity impacts your divorce can help you feel more in control of the situation as you move forward with your life.
Is Adultery Illegal? A State-by-State Guide – Legal Hearsay
What is no-fault divorce? | Legalzoom
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