The Impact of Adultery on Divorce Proceedings (2025)

Historically, the impact of adultery on divorce proceedings has been profound. Now, however, laws like no-fault divorce, property rights, and spousal support requirements have drastically changed how adultery impacts the divorce process from a legal perspective. If you or your spouse is seeking a divorce due to infidelity, you will find hiring a divorce lawyer to be incredibly beneficial.

Understanding the Impact of Adultery on Divorce Proceedings in the US

When it comes to understanding the impact of adultery on divorce proceedings, the assistance of a divorce lawyer is of paramount importance. There are, however, a few things you may benefit from understanding before you learn about the impact infidelity may have on your divorce outcomes.

There is a long history of “fault-based divorces,” which were often the legal default unless the couple worked hard to avoid it. Modern-day “no-fault divorce” claims are much different. While no-fault divorce has been made legal in all 50 states, there are a few places that are trying to revert to older divorce approaches.

Louisiana, Oklahoma, and Texas all have proposed that legal restrictions be placed on no-fault divorce, some going as far as to make it illegal, while others seek to limit its accessibility. If they succeed in their endeavors, the act of infidelity could potentially have an impact on the outcome of divorce.

In 2020, an estimated 12% of married individuals confessed to having committed adultery. Currently, having an affair does not hold much, if any, sway over legal decisions like spousal support and your divorce settlement. This is because there are other laws and outside factors that contribute to the decision-making process on a greater scale.

While infidelity may impact how a parent is viewed in a custody battle, it almost never holds any power over the financial implications of a divorce. Your legal right to your separate and shared property cannot suddenly be revoked because you cheated on your spouse, and you cannot be made to pay spousal support due to some form of financial retribution.

Why May I Benefit From the Help of a Divorce Lawyer if My Case Involves Adultery?

Even though having an affair does not hold any legal sway over the financial ramifications of your divorce as it did in previous years, it can still impact your divorce experience as a whole. The judge may not make you pay extra spousal support or force you to give away all your property, but this does not mean you will not be isolated by the implications of the affair.

Emotions tend to run high when infidelity is involved. It can leave one party feeling completely betrayed, while the other is left with the discomfort of their own choices. This is a lot to grapple with in addition to going through a divorce. With the help of a divorce lawyer, you do not need to face this situation alone.

If you have committed adultery, your lawyer can do everything in their power to make sure it does not prevent your case from moving along productively and fairly. If your spouse cheated on you, your lawyer can approach every interaction with compassion and insight into how you can protect yourself and reach your desired outcomes.

Regardless of who committed adultery, both you and your spouse are legally entitled to a fair divorce trial. Since all states in the US follow the no-fault divorce principle, infidelity cannot hold any legal bearing on the financial ramifications of your divorce. A lawyer can help ensure that this remains the case.

FAQs

Q: Will a Judge Care if I Had an Affair While Presiding Over My Divorce Case?

A: Judges are not permitted to let their personal feelings have an impact on how they carry out the law. Since infidelity is no longer allowed to influence the outcomes of a divorce settlement, the judge cannot legally take it into consideration when finalizing your divorce proceedings.

Q: How Much Does It Cost to Hire a Divorce Lawyer?

A: The final cost of a divorce lawyer tends to vary case by case. This is because each unique situation presents its own set of variables that can impact what determines your overall cost, including who you choose to hire to represent you, as well as the duration and complexity of your case. Lawyers may set different rates based on their experience, location, reputation, and other factors.

Q: Can I Still Get Half of the Divorce Settlement If I Cheated on My Spouse?

A: It is no longer legal for adultery to sway the outcome of a divorce, so your infidelity does not serve as a valid reason to deny you anything you are owed. This includes your access to both separate and marital property, the right to pursue spousal support, and the overall divorce settlement.

Q: Can Having an Affair Impact the Overall Timeline of My Divorce Case?

A: When it comes to a divorce, the amount of time you spend working toward finalizing it can be increased by the complexity of your case. Therefore, it is completely possible that your past infidelity could lead to a more drawn-out divorce case, as emotions may run high and prevent progress. Fortunately, a divorce lawyer can assist you with keeping your schedule on track and help you avoid common missteps that could lead to long-lasting setbacks.

Get More Information About Your Divorce From Stange Law Firm Today

While it may not hold any legal bearing, the impact of adultery on divorce proceedings can prove to be emotionally intense and incredibly overwhelming. Fortunately, you do not need to face this trial alone.

At Stange Law Firm, you’ll find divorce lawyers who are ready to serve as an advocate for you, your goals, and your rights. When you hire an attorney from our firm, you’re enlisting the skillful and knowledgeable assistance of a lawyer who is ready to help you every step of the way. Instead of remaining confused and exhausted, entrust us with your case and your desired outcomes.