When it comes to a spousal difference in court, lawyers are asked a variety of questions that the two individuals feel will play a valid role in assisting the case. People are concerned whether a cheating spouse can help a case legally or not, though a cheating spouse does not influence a case in court, there are things that make it significant. Statistically speaking, several divorce cases are brought into court when one or another partner in a marriage is caught being unlawful.
In a nutshell, statistics and other reports have proven that several women indulge in the sinful act of cheating to find an emotional connection with a stranger that has been lost between the married couple. On the other hand it was understood that men were caught cheating merely for sex. It is often stated that the time highest of cheating in a relationship is during the first year of marriage. It can also increase after the first child is born, it can also be seven years after marriage. The highest chance of an adulterous marriage is perhaps in the middle age.
The Legal View
The legal point of view in a marriage where one spouse is cheating is when either of the two indulge in a sexual relationship with the person they are cheating on their spouse with. In a nutshell, this can lead to:
- Division of property
- Issues over child custody
- Public embarrassment
- Financial loss in the form of fees and in some cases unjust division of assets.
When it comes to cheating in a marriage and bringing that case to court, there are several things that matter before the proceedings can be conducted. These factors vary greatly from state to state.
How Is Cheating Important?
In some states, the concept of cheating is almost always seen as an emotional concern leading to the marriage and hardly ever a legal one. One cannot base the filing of divorce in court merely on the basis of adultery in these states. The reason being, that the court and judges in these states do not consider it a great matter of interest such that it be made legal.
When Can A Cheating Spouse Come In Handy?
At the same time, there are a few cases that can make adultery a key that might be beneficial to the victimized spouse. They can fight a solid case on the division of marital assets as they are the suffering party. The judge does not impose a physical or legal punishment on the adulterous individual but in fact decides the legal matters keeping in light the situation of the individual suffering.
If the two have a child then the matter can become a little more complicated. Sometimes the person with whom the spouse is having a relationship with a specific individual such as a teacher or a porn star. Based on the person the affair is being held with, the decision of which parent gets the child is decided.
Therefore, with all these things in mind you must consider if you are willing to file for divorce on the basis of the fact that your spouse cheated on you. Consider the above and refer to a professional.
Nathaniel Hannigan is the author of this article. He refers to this website, to help spouses in trouble come up with a helpful plan.