Divorce can be a difficult and emotional process for everyone involved. One issue that can add complexity to a divorce case is adultery. When one spouse cheats on the other, it can have significant legal and emotional consequences. Here’s what you need to know about how adultery can impact a divorce.
First, it’s important to understand that Minnesota is a no-fault divorce state. This means that neither spouse needs to prove that the other did something wrong in order to file for divorce. Instead, one spouse can simply state that the marriage is irretrievably broken, and the court will grant the divorce.
However, even though adultery is not a requirement for divorce in Minnesota, it can still impact the outcome of a divorce case. For example, if the adulterous spouse used marital funds to finance the affair, the other spouse may be entitled to a larger share of the marital assets in the divorce settlement.
Adultery can also impact child custody and visitation. If the cheating spouse’s behavior had a negative impact on the children or the other spouse, it may be considered when making custody and visitation decisions.
In addition, adultery can impact spousal maintenance (alimony). If the cheating spouse is found to have wasted marital funds on the affair or if the affair impacted the other spouse’s earning capacity, it may be a factor in determining the amount and duration of spousal maintenance payments.
It’s important to note that proving adultery can be difficult in some cases. The spouse who suspects adultery will need to provide evidence that the affair took place, such as text messages, emails, or eyewitness testimony. In addition, the evidence must be relevant to the divorce case in order to be admissible in court.
If you suspect that your spouse is cheating, it’s important to speak with an experienced divorce attorney. A skilled attorney can help you understand your legal rights and options, and can advise you on the best course of action for your situation.
At Beckman, Steen & Lungstrom in Minnetonka, Minnesota, our team of experienced divorce attorneys understands the complexities of divorce cases involving adultery. We are committed to helping our clients navigate the legal process with compassion and skill. If you are considering divorce or have questions about how adultery may impact your divorce case, contact us today to schedule a consultation.