How to Use Your Partner’s Infidelity During Divorce

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It is reported that almost 17% of marrieds end up drafting divorce documents because of an unfaithful husband or wife. Women usually have a bit on the side to fulfill their emotional needs, while men usually do this for physical pleasure. Most often, adultery occurs during the first and the seventh year of their life as a couple, following the first childbirth, and at a mature age.

How to Use Your Partner’s Infidelity During Divorce 232421570

Some states take adultery into account when resolving spousal support, visitation, and asset division issues. Others place little importance on accusations of adultery. Since it is not always that easy to prove that someone has been caught cheating, many avoid saddling themselves with additional trouble and thus choose an easy divorce, and how wrong they are. If you believe that your significant other has had an affair or is currently cheating on you, do your best to prove his or her infidelity and benefit from it in court. 

How Your Spouse’s Unfaithfulness May Change the Outcome of Your Case

Of course, if you decide to initiate a contested case, then the possibility of using the best online divorce service is out of the question. As it happens, you shouldn’t even think about filing for divorce in Kansas online. In your case, all you need is a good lawyer, who will help you prove betrayal. The game is worth the candle, as your partner’s misbehavior may be an issue when dividing your marital assets, resolving your spousal support questions, and settling your custody-related matters. 

Asset Division

If you are a resident of the state where marital property is divided by the principle of equitable distribution, then you are likely to be awarded a bigger share than your unfaithful partner, especially if he or she has been using your marital money on presents, dinners, motel rooms, trips, etc. for his or her lovers. Your marital assets are everything you two got before and after your marital life began. However, take note that a judge will probably not punish your unfaithful partner for his or her misbehavior.

Child Custody and Visitation

If you and your lawyer pull together to prove the fact of your “almost” ex having extramarital relationship which has affected your children’s wellbeing, or that it is not safe for your little ones to meet another parent and his or her new flame, a judge is likely to take this fact into account when making important child-related decisions.

Spousal Maintenance

It is the cash paid by one spouse, who was obliged to do so by the court, to another one, who was granted it. If your spouse was unfaithful and used your marital assets to cover his or her affair-related costs, then this fact will be taken into account when awarding you spousal support. 

Ways to Prove Your Better Half Cheating on You

Even though it is hard to prove that your better half is having an affair, there is nothing impossible. If you are a victim of an adulterous affair, you must take care that when you are in the effort to prove infidelity, you don’t defy a law.

Let us say, this is not the case when all is fair in love and war. You should know exactly what kind of information can be used as evidence and what cannot. For instance, if you had a chance to overhear a conversation between your betrayer and someone else about his or her affair that took place somewhere in public squares, then you can use this info against your husband or wife in court. In a nutshell, it matters how the information you are going to disclose was discovered.  

To avoid falling flat on face, it is recommended to consult your attorney-in-law first. This person will explain to you which actions are acceptable and which ones are not. Below, there are a few examples of what you can and cannot do:

You cannot record phone calls. Keep in mind that recording in-private phone conversations is considered illegal unless another party knows about your intention.
You can neither intercept your spouse’s messages and emails nor break into his or her computer or mobile phone. You don’t want to put yourself at risk of ending up behind bars for accessing your partner’s electronic information, don’t you? Moreover, no illegally obtained information can be used in court. Of course, exceptions may occur; however, you should seek some solid advice from your lawyer if you have pitched upon an email that was voluntarily left open so that you can read it.
You can use information posted by your partner on social media. When your spouse either posts or comments on the Internet, he or she can no longer expect this information to be private. So, don’t neglect to use available photos and comments to prove your partner’s misbehavior.
You may use witnesses’ statements against your “almost” ex in court. A judge will hear out those who have seen your significant other with another person walking hand in hand, kissing each other, having a romantic dinner at a restaurant, and so forth. If he or she was seen visiting someone late at night and leaving early in the morning, this fact can also be used as evidence. 

Authors Bio

Greg Semmit has years of experience working with different types of legal documents and writing about Family Law for educational purposes. Currently, he is working at OnlineDivorcer company, where he writing blog articles about divorce and divorce cases. In his free time, he likes roaming the streets of New York with his Olympus taking photos of the best spots in the city.

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