Did you know that cheating is one of the leading causes of divorce? Let’s discuss how divorces may be affected if one or both partners were found to have committed adultery.
No-Fault Divorce in Utah
Utah is a no-fault divorce state, meaning that the spouses can cite irreconcilable differences as their reason for divorce. This is typically the route that many divorces go, even if there was adultery involved. However, if you wish to file a fault-based divorce, you are able to do so.
Adultery and Alimony
Adultery within the marriage may impact the amount of alimony paid after divorce. The faithful spouse may be able to get out of paying alimony altogether if they can collect evidence of their spouse’s affair. Additionally, if the couple’s joint finances were spent on the affair, this can impact the amount of support that the unfaithful spouse is entitled to.
Adultery and Other Factors
In most circumstances, adultery leading to divorce will not affect asset division or matters involving the children.
Cheating Clauses in Prenuptial Agreements
If you and your spouse have an infidelity clause in your prenuptial agreement, this may change how adultery affects your divorce. Common infidelity clauses state that the unfaithful spouse is required to pay damages, or is entitled to less marital property, as a result of their adulterous behavior. However, these types of clauses are quite rare.
Collecting Evidence of an Affair
If you are pursuing a fault-based divorce or believe your spouse’s infidelity should affect your alimony or asset division, you will need to collect evidence of the extramarital affair.
This could be:
- Phone call records
- Texts or e-mails
- Credit card statements showing affair-related costs
- A confession from the spouse or their partner
Salt Lake City Divorce Lawyers
If you are seeking a divorce after finding out about your spouse’s infidelity, contact us at Lokken & Putnam, P.C.. We can help you through the process of ending your marriage and ensuring that all terms are fair and equitable. Give us a call at (801) 829-9783 to get started.