If a party is having an affair that causes the breakup of the marriage, should the affair be disclosed or is it better to try and keep it undetected?
I am wondering what the impact of an affair could have on the outcome of a divorce case.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
Where I practice, an affair usually affects a divorce in two areas: child custody and property division.
Custody is likely to be affected by the affair if a party brought this third person around the children, or if the party spent significant time away from the children to be with the third person.
Arguments could then be made that the children were negatively affected by their time with the third party, or that the party having the affair is unable to make good decisions regarding the children.
The split of marital property can be affected by the affair if it can be proven that marital assets were spent on this third party.
This would support a dissipation of marital assets argument, and the court could order that the party having the affair should reimburse the marital estate for the amount spent on behalf of the third party.
Related Article:Admissible Evidence of Adultery
The decision as to when, or if, an affair is revealed is going to be very dependent on the facts of the specific case.
I would expect this information to come out, one way or another, during the divorce. Controlling the information with the help of a men’s divorce attorney could minimize the damage.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.