Do you need to prove that your ex cheated during your divorce?

On Behalf of | Oct 28, 2021 | Divorce

After years of committed marriage, you discover racy photos on your spouse’s tablet or accidentally read a text message that was clearly not meant for your eyes. All of a sudden, your ideas about your relationship go up in flames.

You find yourself questioning if you even know your spouse given that they are capable of this kind of betrayal. You want justice, and you also want out of your marriage.

After discovering an extramarital affair, divorce may be an inevitability. Many people find it too hard to simply forgive and forget after an affair. If you believe divorce is the only solution to your tragic marital situation, you may also hope that the courts will grant you justice for the indignity you have suffered. Will you have to prove that your spouse cheated on you in court?

Many people won’t discuss adultery during their divorces

It was once required for people to have cause for a divorce filing. You would have to prove that your spouse cheated or beat you for a judge to dissolve your marital union. However, modern divorces are almost all no-fault divorces.

The person filing says that there has been a breakdown of the marital relationship, and no one is officially to blame for the divorce. Although it can seem like vindication to prove that your spouse cheated in court, it will have very little impact on your divorce in most situations. The courts won’t require proof of misconduct. Even if you have it, that evidence likely won’t impact the outcome.

When might adultery matter in your divorce?

For some people, proving adultery is important because it allows them to trigger a penalty clause in a marital agreement with their spouse. Other times, if one spouse spent thousands of dollars conducting their affair, proving that dissipation in courts might impact how the judge divides your assets.

For most people, the only proof about infidelity that is necessary in a divorce is the evidence that convinced them to file. Beyond that, all that matters may be getting yourself away from a cheater and set up for a better future. Misconduct won’t likely influence how the courts rule, but you can at least act now that you know the truth.

Understanding your rights when you file for divorce can help you stand up for yourself.