Adultery as Grounds for Divorce

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In several states that permit at-fault divorces, adultery is a very common ground for divorce. The person, who alleges adultery, must be able to furnish proof of this behavior of the person, against whom adultery is alleged. So, this is a very tough ground for divorce. Adultery implies voluntary sexual intercourse of a married individual with another individual, other than his/her married partner. This is inclusive of heterosexual as well as homosexual relations.

Evidence of Adultery as Grounds for Divorce

If one person has simply a belief or feeling that his/her spouse is guilty of adultery, this is not sufficient ground for divorce in the court. It is easy to understand that it is a tough task to have eyewitness accounts or photographs of adultery.

In most of the states, if the accusing person submits circumstantial proof to the court regarding this topic, the court considers it adequate to consider adultery. Some instances of this proof are as follows.

• The accused person was present in a hotel room with another person, who is not his married and legal spouse
• The accused person has registered his name as well as another person's name (who is not his legal and married spouse) in the hotel as husband and wife
• Video or photographic evidence of adulterous demeanor
• There might be a baby born out of wedlock
• Any third party might produce a testimonial regarding the cheating
• Public displays of affection
• Love letters

In case of some evidences, these are sometimes capable of being interpreted in 2 modes - of guilt or of innocence. Then, these prove inadequate to prove adultery.

Impact of Adultery as Grounds for Divorce

• If the court is satisfied by evidences that adultery has taken place, then this may impact the spousal support and property distribution in the divorce case. However, adultery is just one of the several factors that the court considers regarding the 2 above points

• Proof of adultery does not effect the decision regarding child custody. The court awards child custody as per the best interests of the child and after considering, who the primary caretaker of the child was during marriage. The behavior of the spouses has nothing to do with this decision

• Likewise, adultery does not impact the amount of child support. This support is calculated by a set formula mentioned in the guidelines and adulterous demeanor does not alter the amount

Questions for a lawyer in Adultery cases

When a person, who is related to a divorce case, approaches a lawyer to utilize adultery as a ground for divorce, the person must ask the lawyer the following questions.

• Does the lawyer have any experience with divorce cases related to adultery? If yes, for how many years
• What sort of proof is essential to prove adultery in the case at hand?
• Let us consider that the state in which this person resides permits no-fault as well as at-fault divorce. Then, should I file a no-fault or at-fault divorce?
• My spouse practices homosexuality. Can this be treated as adultery?

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