It can be devastating to learn that your spouse had or is currently having an affair. In fact, adultery is a common reason for divorce in Tennessee. If you or your spouse decides to end your marriage because of an affair, how will it impact the divorce process? This is a complicated situation, and every case is unique, so you need to speak with an experienced Murfreesboro divorce lawyer as soon as possible.
Citing Adultery as Grounds for Divorce
The spouse who files for divorce must cite specific grounds for the breakdown of the marriage. Tennessee allows fault-based divorce grounds, and adultery is a common fault-based ground cited in divorce cases. If you are citing this as the basis for your divorce, you must provide sufficient evidence to prove the affair. This can be a highly personal and difficult task, but it can be worth it if a fault-based divorce is right in your situation.
You can also file for no-fault divorce as long as you and your spouse agree to do so and can reach an agreement on all divorce-related issues, including child custody, property division, and alimony. If you cannot reach an agreement, then seeking a fault-based divorce might be the right course of action. Your attorney can provide guidance based on your circumstances.
How Does Adultery Impact Alimony in Murfreesboro, TN?
Adultery can impact alimony in a Tennessee divorce. For example, if your spouse cheated on you, the court can deny them alimony during the divorce proceeding since they were to blame for the demise of the marriage. This requires you to raise the affair – and sufficiently prove their infidelity – to the court. If you do so, the court can deny alimony, though other factors will be considered, as well.
On the other hand, if your spouse is accusing you of having an affair, they can seek to have alimony requests from you denied by the court. In either situation, you need the right legal representation, and you should always be open and honest with your lawyer about any affairs.
Other Divorce Matters
An affair has less effects on other aspects of a divorce case, such as:
- Property division – Affairs generally do not impact the equitable division of your marital property, assets, or debts. However, if your spouse spent marital funds on their affair or had a credit card balance due to the affair, the judge could award you additional property to make up for what they spent.
- Child custody – Generally speaking, adultery does not make a parent unfit, and it usually does not impact custody decisions. One exception might be when one parent constantly exposes the child to romantic partners who might be unsafe or a threat to the child’s health and well-being.
Have the Right Murfreesboro Divorce Lawyer on Your Side
Adultery can be a devastating experience, and it often leads to divorce. It is important to have a lawyer handling your case who knows how an affair – by either spouse – can impact your case. The Murfreesboro divorce attorneys at Dotson & Taylor handle complex cases, so please contact us online or call 615-890-1982 for more information today.