Infidelity and Divorce: How a Divorce Lawyer Will Help

    March 22, 2017

    In a marriage, infidelity is often considered the deepest betrayal of the wedding vows. Unfortunately, as a result, infidelity is a leading cause of divorce. If your spouse has been unfaithful and you are ending your marriage, it is absolutely essential to contact a divorce lawyer for assistance and advice.

    There are many reasons why you should speak with a family law attorney in a situation where your spouse has been unfaithful, leading to the end of your marriage. Some of these reasons include the following:

    Your lawyer can help you to understand when and how it makes sense to use the infidelity during the divorce proceedings.

    While traditionally most divorces were fault divorces and infidelity was one of the reasons that people listed when ending their marriage, today most divorces are no fault. In a no fault divorce, the cause of the divorce is not listed as infidelity (or some other specific cause) but is instead listed as irreconcilable differences.

    If your spouse cheats on you, it is still advisable in many cases to opt for an uncontested no fault divorce rather than trying to allege fault. When you opt for a fault divorce, you have the legal burden of proving that the infidelity occurred. Your divorce will have to go to court in these situations. This can make a divorce much more expensive for everyone involved, as well as more time consuming and acrimonious. This doesn’t help anyone, and it isn’t the best way to get even with your spouse for being unfaithful.

    Your legal counsel can, however, explain to you what impact the infidelity might have on division of custody or property, which can be useful in negotiating a divorce settlement.

    Your attorney can help you to think with your head

    When a spouse is unfaithful, it can become very tempting to become vindictive and angry and to try to use the divorce process to punish your spouse. This is almost always a terrible idea. Not only does it make the divorce more upsetting for you and for any children who may be involved, but it can also drag out the entire divorce process and cause you and your spouse to both incur significant legal bills.

    Let your lawyer work with the attorney representing your spouse and help you to come to an out-of-court settlement agreement. This will help you to get the marriage ended as quickly as possible and to walk away with enough money to start your new life after your marriage is over.

    Your attorney can help you to understand your rights

    You should not allow your spouse’s infidelity to overshadow the bigger picture in a divorce situation. What is important when ending your marriage is not punishing your spouse or proving infidelity, but is instead getting your fair share of marital assets and getting the desired custody arrangement. Your legal representative will help you to understand what California law entitles you to in a divorce case and will fight vigorously to help you to get the best divorce settlement possible.

    Read Jessica's other blog entries >

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