Can An Affair Affect My Divorce? Here’s What To Know
Over the years, there have been countless surveys on divorce and separation, and many of them point to infidelity and lack of intimacy as a major cause. This is especially the case for couples who have been married for a long time. But even though infidelity is a major reason couples decide to split up and go their separate ways, its impact on the divorce proceedings depends on where you’re getting divorced. If you or your spouse have had an affair, it’s likely to have caused a massive rift in your marriage. And though it’s certainly hurtful and causes immense distress, it may not matter to the court.
It’s natural to want a divorce when your spouse has had an affair. You may even be under the impression that, depending on your position, you can get more alimony or avoid paying alimony. Considering how Nevada is a no-fault state, your or your partner’s affair has a minimal effect on the process. So, let’s take a look at how your divorce process can change if you had an affair and if it’s necessary to tell your divorce attorney.
Does Infidelity Affect Divorce in Nevada?
Let’s start off by mentioning that Nevada is a no-fault state, just like many other states that allow no-fault divorces. You and your spouse can cite ‘irreconcilable differences’ as the reason for your divorce, but it doesn’t matter to the court. Consequently, the fact that you or your spouse cheated isn’t relevant, and neither party can use it for their gain.
However, keep in mind that there are exceptions. When an extra-marital affair affects your children or marital assets, the judge may take it into account when making decisions regarding custody and alimony.
Alimony
If you or your spouse were dependent and stayed at home looking after your children, alimony is provided to help the dependent spouse get settled. The aim is to ensure that they feel self-sufficient after the divorce. It’s usually paid by the spouse in a better financial position than the one who was dependent on the other. This happens when one spouse continues working after getting married while the other steps away from their career to focus on their family.
This can include supporting the working spouse, taking care of the children, or maintaining a household. The court will determine how much alimony is to be paid by the spouse while considering any financial sacrifices made by one spouse in certain situations. This begs the question: Do I have to pay alimony if my spouse cheats? Or, you may be wondering if you’ll receive alimony if you had an affair. It’s a myth that you won’t have to pay or won’t receive alimony if you or your spouse cheat. Therefore, proving that they cheated can’t prevent needing to pay alimony. Nevertheless, the court may consider it when determining how much will be paid and how long the payments will last.
Child Custody or Support
While adultery itself doesn’t impact issues regarding child custody as much, the judge may consider certain behaviors associated with it. This can include problems like the other sexual partner exposing your children to something that could have caused physical or emotional harm. For instance, certain behaviors and actions performed during adultery could impact the outcomes of your divorce as opposed to the act of cheating.
That being said, when it comes to the custody of minor children, divorcing parents are held to a higher standard. That means you should avoid entering new relationships and introducing your partner to your children until the divorce is final. When you ignore this advice and minor children are exposed to behaviors courts may consider inappropriate, it can impact overall custody decisions. This can include any behavior that potentially endangers your children or affects their health. For instance, if your spouse leaves your children unattended while having an affair.
Property Division
In Nevada, there are a few exceptions when it comes to the impact of adultery on the divorce proceedings. The most important is with regard to the division of marital assets. Let’s suppose your spouse treated their affair partner to lavish gifts and spent money on seeing them, such as flights, hotel and restaurant reservations, etc. In this case, the court may require the cheating spouse to compensate the other spouse. If you’re the spouse who cheated, don’t consider this a punishment for infidelity. Rather, it’s a fair distribution of marital assets that were spent without the spouse’s knowledge.
If you suspect that your spouse has spent marital assets on their extra-marital affair, make sure to discuss it with your family law lawyers. Similarly, if you suspect that they left your children unattended with their affair partner or endangered them in some way because of the affair, tell your attorney. And if you’re on the other end of this predicament, it’s equally important to consult an experienced divorce attorney. They can prepare a plan and help settle things like alimony outside the court.
Should I tell My Divorce Lawyer About My Affair?
Yes! Even if your affair may not have as much of an impact on the divorce proceedings, you should still tell your divorce attorney. Often, people worry that telling their attorney about the things they’ve done wrong will affect their case – but that’s not true. Do you know what weakens your case? Hiding information from your lawyer and the judge!
Many people think that their attorneys will work harder if they present themselves as the ‘good’ side. Therefore, they avoid disclosing things that reflect poorly on their character. But to ensure the right outcomes from your divorce proceedings, you need proper representation and legal advice. And your attorney can’t advise you if they don’t have all the facts.
Once you disclose details about your affair, you’re bound to feel a little better. The first reason is that you’re no longer carrying the burden alone. More importantly, you don’t have to worry about the court finding out suddenly. Instead of hiding the facts, you can spend valuable time preparing a strategy based on this information.
