The Betz Law Firm Articles How Will Adulterly Affect My Divorce Case?

How Will Adulterly Affect My Divorce Case?

By David Betz  Jul. 11, 2019 9:56a

Infidelity is one of the primary reasons behind spouses’ decision to get a divorce. In fact, according to one study, 88% percent of subjects cited adultery as a contributing reason behind the divorce.

Although Missouri is a no-fault state, meaning you don't have to prove anything to have your marriage dissolved, an affair can have serious repercussions on assets division, child custody, and spousal maintenance. An experienced St. Louis divorce attorney can help you get a fair deal, so make sure to contact one to review your case.

Proving Infidelity

Although Missouri is a no-fault state, you will still have to prove your spouse's infidelity if you decide to go with adultery as grounds for your divorce. Keep in mind that the reason you state won't affect how quickly you will get your petition approved, but it can impact the course of the divorce. Adultery divorce cases take longer to solve and are more expensive than if you use another cause for your decision.

You will have to prove that your spouse was, indeed, unfaithful to you. Photos of your spouse with his or her lover, bank statements, and eyewitnesses can all qualify as proof that can speed up your case. Your St. Louis divorce lawyer can help you collect the needed evidence and build solid evidence, so make sure to work with one that has experience with this type of cases.

The Cost of Adultery

Using adultery as a cause for your divorce can impact not only the course of the case but also its results.

If you can prove that your spouse was unfaithful, you can ask for more financial support than if there were different grounds for your divorce. Sure, people in Missouri can get divorced without proving there is a strong reason for their decision, but most judges are sympathetic toward victims of adultery. They may try to compensate for your ordeal by dividing the assets differently or by asking the spouse to pay more in support.

If you can also prove that the affair had an impact on your children, then you may be able to gain custody or limit your spouse's visitation rights.

Be careful, though: you need to have strong evidence if you choose adultery as grounds for your divorce. Insufficient proof could backfire and only drag the case for more than needed and cost you more than you would have hoped. An experienced St. Louis family law attorney can review your case and let you know if the evidence you have is strong enough to get you the compensation you deserve.

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