The Law on Adultery and Divorce: What You Can Do to Protect Yourself

wife and husband doodles in divorce process concept broken relationships

While adultery is not a crime in and of itself, there are still many things you can do to protect yourself if your spouse commits adultery. Below is an outline of steps you can take to safeguard your interests and ensure that you are taken care of during and after a divorce due to adultery.

1. Know your state’s laws.

The first step when facing a divorce due to adultery is being aware of the relevant laws for your state. Laws vary from one jurisdiction to another and knowing your options under the law can help you make better decisions as you move forward with your case.

Some states don’t recognize adultery as a legitimate reason to file for divorce, while others consider it grounds for an automatic divorce. In either case, it is essential to know what you’re up against before taking any legal action.

2. Consult with an attorney.

Depending on the circumstances of your case and where you live, consulting with an expert divorce attorney may be a good idea. They can advise you on the best way to proceed, given your unique situation, and help you understand what to expect from the legal process.

Additionally, an attorney can represent you in court if necessary and help ensure that your rights are protected throughout the divorce proceedings. You should never attempt to navigate a divorce due to adultery alone, as it can be an extraordinarily complex and legally-involved process.

3. Consider mediation if possible.

If your spouse is willing to work things out, you may want to consider mediation as an alternative to litigation. This can help resolve the matter quickly and avoid a lengthy and costly court battle.

In mediation, both sides will meet with a neutral third party to try and reach an agreement on the terms of the divorce. By having someone help guide the discussion, mediation has been shown to be a successful approach in many cases.

A couple in mediation in an attorney's office

4. Gather evidence of the affair.

To strengthen your case, you will want to gather as much evidence of your spouse’s infidelity as possible. This might include text messages, emails, or any other form of communication between your spouse and their affair partner and records of purchases or other evidence that they have spent money on their lover. Any pictures or videos you have of the affair or proof that your spouse was unfaithful can also be helpful to your case.

5. Keep a record of your own expenses and income.

Adultery can negatively impact your finances and that of your spouse. For this reason, it is essential to record your own income and expenses, both before and after the affair. If you aren’t able to work due to your spouse’s affair and the resulting divorce, you will want to be able to prove how much income you were earning and show that the adultery impacted it.

Additionally, if you incur any expenses related to the divorce or affair, such as legal fees or therapy, you will want to keep track of these to be compensated for them later.

6. Be prepared for the divorce process.

If you plan to file for divorce due to adultery, you must know what to expect and prepare accordingly. This might include taking steps to protect your assets, such as moving any money into a separate account so that it is not considered marital property.

It is also important to know what kind of alimony and child support you might be entitled to and how your state’s laws will impact the division of assets. You can help make it go as smoothly as possible by preparing for the divorce process.

7. Seek therapy to deal with the emotional impact of adultery.

Adultery can be highly damaging to a relationship and the lives of those involved. Many people struggle with the emotional impact of infidelity and may benefit from divorce therapy. If you are having difficulty dealing with the betrayal, seeking professional help can be an excellent way to work through your emotions and begin to heal.

8. Focus on your own happiness.

Adultery can be a difficult and trying time, but it is important to focus on your own happiness. Spend time with friends and family, engage in your favorite hobbies or activities, and do whatever you can to enjoy life. This will help make moving on from your spouse’s affair easier and help you create a new life for yourself.

No one enters into a marriage thinking that it will end in divorce due to adultery, but unfortunately, this happens too often. If you find yourself in this situation, it is essential to know what steps you can take to protect yourself and ensure that your legal rights are upheld. Whether you decide to forgive your spouse or move forward with a divorce, following these tips can help you get through this difficult time.

Spread the good news
Scroll to Top