Understanding the Legal Implications of Affairs in Divorce
As a seasoned divorce attorney, I’ve had numerous clients walk through my doors troubled by the personal complexities of their marriage. Quite often, the catalyst for these consultations has been an affair, either by the client or their spouse. It’s important to address these situations with clarity and a focus on the legal, not the moral implications.
Many clients, particularly those who are having an affair, initially find it difficult to be upfront about their circumstances. It’s not uncommon for them to skirt around the issue during our conversations. However, as we delve deeper, the truth inevitably comes out, often accompanied by feelings of guilt and shame. But here’s something crucial to understand: the legal system is not a morality court.
The Role of Morality in Legal Proceedings
In the eyes of the law, the morality of your actions, specifically the act of having an affair, generally bears no weight. This distinction is vital. While you might wrestle with personal or religious guilt, such moral considerations do not influence the legal outcomes of your divorce.
When Does an Affair Impact Divorce Proceedings?
However, there are specific instances where an affair does intersect legally with divorce proceedings:
- Financial Implications: If marital funds were used to support an affair—be it through lavish gifts, hotel stays, or romantic dinners—these expenses can be legally contested. Such expenditures can be considered for reallocation back into the marital assets, as they were not appropriately used.
- Alimony Claims: While less common, the occurrence of an affair can also come into play during alimony discussions. I recall a rare case where a client sought alimony despite an ongoing affair. Despite the opposing counsel’s objections, the affair did not impact the court’s decision to grant alimony.
Be Open from the Start
When you come to discuss your situation, honesty from the outset is the best approach. Our office is a judgment-free zone. We have heard it all and are here to guide you through your legal options, not to pass judgment on your personal choices.
Remember, understanding these distinctions and approaching your legal consultations with openness can significantly ease the emotional and procedural complexities of your divorce proceedings. We are here to help, not to judge.
Listen to Lawfully Ever After for more discussion: