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What role does adultery play in divorce proceedings?

If allegations of adultery have been made during the course of your marriage and are now a contributing factor in your divorce, it is important to understand if and how such accusations could factor into your divorce case. No matter if you are the spouse being accused of having an affair or suspect that your husband or wife has been unfaithful, you could be personally affected by the impact that adultery may have on your ultimate divorce settlement.

According to, adultery typically has a limited impact on divorce settlements. Adultery can be taken into consideration when reviewing some financial aspects of a divorce case. For instance, your soon-to-be ex-husband or wife could be held liable for money that he or she spent on an affair. Similarly, your spouse could introduce allegations of your adultery during spousal support or property division negotiations. It is important to keep in mind, however, that the element of adultery in divorce does not automatically entitle a spouse to any kind of financial compensation.

There are many instances where adultery may not play a role in divorce proceedings at all. For instance, you can often claim irreconcilable differences when filing for divorce. Doing so does not require that you allege or prove fault for the dissolution of your marriage. The fact that you may or may not have had an affair during your marriage will also not likely be considered when establishing child custody and visitation arrangements.

The unique circumstances of your case may play in the largest role in determining whether and how allegations of adultery may affect your divorce. Therefore, the general information provided here is only intended to be educational in nature.

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Johnson, Johnson, & NolanAttorneys At Law

Johnson, Johnson, & Nolan
11 South High Street
Belleville, IL 62220

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