Does Adultery Affect Divorce Settlement in Maryland?

After the shock of an affair, your mind inevitably turns to money. You’re likely asking, does adultery affect divorce settlement in Maryland? The answer is yes, but it’s less about punishing the act of cheating and more about the financial actions surrounding it. If your spouse spent marital funds on gifts, trips, or hotels for their affair, a judge can hold them accountable for wasting those assets. This is where the connection between adultery and divorce in Maryland becomes crystal clear. This guide explains how infidelity impacts property division and alimony, so you can protect your financial future.

Key Takeaways

• Filing on “fault” is a strategic choice, not a requirement: In Maryland, you don’t need to prove adultery to get a divorce. Citing it as the legal reason is a tactical decision that can impact alimony but requires clear evidence and may lead to a more contentious process.
• Focus on wasted money, not just the affair itself: When it comes to dividing property, the court is most concerned with whether marital funds were spent on the affair. Documenting these expenses is the key to potentially receiving a larger share of the assets to make the division fair.
• An affair only impacts custody if it directly harms the child: A judge’s decision will always prioritize the child’s best interests. Infidelity is only a factor if you can show the behavior surrounding it—like neglect or exposure to an unsafe new partner—created a negative or unstable environment for your child.

What Counts as Adultery in a Maryland Divorce?

When you’re facing the end of a marriage, words like “adultery” and “infidelity” can bring up a lot of pain and confusion. Beyond the emotional impact, it’s important to understand what adultery means from a legal standpoint, because it can influence certain aspects of your divorce. While Maryland law has evolved, the presence of an affair isn’t just a private matter; it can have real-world consequences in the courtroom. Knowing the specific definitions and rules can help you prepare for the road ahead and make more informed decisions for your future.

The key is to separate the emotional betrayal from the legal framework. A judge will look at the situation through a very specific lens, and understanding that perspective is the first step toward protecting your interests. This isn’t about placing blame, but about understanding the rules of the process you’re about to go through. Whether you are the one who was unfaithful or the one who was betrayed, knowing how the court views adultery will empower you to handle your case with clarity and confidence. Let’s break down what adultery actually means in a Maryland divorce case and clear up some common misconceptions.

How Maryland Law Defines Adultery

In Maryland, the legal definition of adultery is very precise: it’s defined as voluntary sexual intercourse between a married person and someone other than their spouse. This specificity is important. The law isn’t concerned with emotional affairs, online relationships, or other forms of infidelity that don’t involve a physical act. To be considered adultery in a legal context, there must be evidence of sexual intercourse.

Because the definition is so narrow, proving it can be challenging. This is why working with a family law attorney is so crucial. They can help you understand what kind of evidence is required and whether pursuing this angle is the right strategy for your specific situation.

How Adultery Differs from Other Marital Faults

It’s a common belief that you need to prove wrongdoing like adultery to get a divorce, but that’s no longer the case in Maryland. While adultery is a form of marital misconduct, you don’t have to prove it to end your marriage. However, that doesn’t mean it’s irrelevant. Evidence of an affair can still significantly impact your case.

A judge may consider the circumstances of the adultery when making decisions about alimony or the division of property, especially if marital funds were used to support the affair. It can also become a factor in child custody arrangements if the parent’s behavior is shown to have a negative effect on the children. The court’s main goal is to see how the affair impacted the family, both financially and emotionally.

Is Adultery a Crime in Maryland?

This might come as a surprise, but adultery is technically a misdemeanor in Maryland. The state classifies it as a “crime against marriage,” which shows how seriously the law views the commitment of marriage. While this sounds alarming, it’s important to know that prosecutions for adultery are incredibly rare. You shouldn’t worry about criminal charges being filed.

The real significance of this law is what it says about the state’s perspective on marital fidelity. Its main relevance today is not in criminal court but in family court, where it remains a factor that can influence the outcome of your divorce. The focus is less on punishment and more on how the act affected the marriage and the family’s circumstances.

Will an Affair Impact Your Divorce Proceedings?

When you’re going through a divorce, finding out about an affair adds another layer of pain and complexity. Beyond the emotional fallout, adultery can have very real legal consequences in Maryland. It introduces a critical choice in your divorce proceedings: whether to file based on “fault.” This decision can influence everything from how quickly your divorce is finalized to the financial outcomes, like alimony. While the act of infidelity itself is deeply personal, the way it’s handled in the legal system is very procedural.

Understanding how Maryland law treats adultery is the first step in figuring out the best path forward for your specific situation. It’s not just about assigning blame in a courtroom; it’s a strategic decision that can shape your future. You’ll need to weigh the emotional and financial costs of proving fault against the potential benefits. This isn’t a decision to make lightly, as it sets the tone for your entire case. It requires a careful look at your circumstances, the evidence you have, and what you ultimately want to achieve as you move into the next chapter of your life. Below, we’ll walk through the differences between fault and no-fault divorce, what it means to use adultery as your grounds, and when it might make more sense to choose a different, less contentious route.

Understanding Fault vs. No-Fault Divorce in Maryland

In Maryland, you have two main paths for divorce: fault or no-fault. A no-fault divorce is generally simpler, faster, and less expensive because you don’t have to prove that your spouse did something wrong to end the marriage. Instead, you can file based on a 12-month separation or mutual consent. A fault-based divorce, on the other hand, requires you to prove that your spouse’s actions, like adultery, directly caused the breakdown of the marriage. This route is often more confrontational and requires presenting evidence to the court, but it can be a necessary option depending on your circumstances and what you hope to achieve in the final settlement.

Can You Cite Adultery as Grounds for Divorce?

If you choose to file for a fault-based divorce, you can name adultery as the specific reason. This means you are formally asking the court to recognize your spouse’s infidelity as the cause of the marriage ending. Proving adultery can be a powerful factor in the judge’s decisions, particularly when it comes to alimony. For instance, a spouse who is found to have committed adultery may be barred from receiving alimony or see the amount significantly reduced. However, this path requires clear and convincing evidence, which can be challenging to gather. It’s a serious step that turns a private betrayal into a public legal matter, and it’s one where sound family law advice is essential.

Is a No-Fault Divorce a Better Option?

Even if adultery occurred, filing for a fault-based divorce isn’t always the best strategy. You have to ask yourself if it’s worth it. Proving infidelity in court can be an expensive, lengthy, and emotionally draining process for you and your family. Sometimes, the easier and more practical option is to file for a no-fault divorce, especially if you and your spouse can agree on key issues like property division and child custody. Choosing the no-fault path can save you time, money, and stress, allowing you to move forward more quickly. The right choice depends entirely on your unique situation, including the strength of your evidence and what you hope to achieve.

How Adultery Complicates Settlement Negotiations

An affair introduces a powerful and volatile mix of anger and betrayal into what is already a difficult process. These intense emotions can make it nearly impossible to have productive settlement talks. Instead of focusing on a fair resolution, negotiations can get sidetracked by hurt feelings and a desire for retribution. This emotional fallout often makes the mediation process much more challenging, leading to a longer, more contentious divorce and, ultimately, higher legal fees for everyone involved. The conversation shifts from simply dividing assets to accounting for marital money spent on the affair—like gifts, trips, or hotel rooms. This forces one side to prove financial misconduct while the other may try to hide or downplay it, turning what could have been a straightforward negotiation into a much more complicated and adversarial process.

Can an Affair Impact How Property Is Divided?

When you’re going through a divorce, one of the biggest questions is how your property will be divided. In Maryland, courts follow a principle of “equitable distribution.” This doesn’t mean everything is split 50/50 down the middle; it means the division must be fair. While the act of cheating itself won’t automatically give you a larger share of the assets, the financial behavior that often comes with an affair certainly can.

If your spouse spent marital money on their affair, the court takes that very seriously. This is known as the “dissipation” or wasting of marital assets. Think of it this way: the money in your joint bank account is meant for your family and shared future. If your spouse used those funds to pay for hotel rooms, expensive gifts, or vacations with someone else, they have unfairly spent money that belonged to both of you. A judge can adjust the property division to make things right, ensuring you aren’t financially penalized for your spouse’s actions. This is where having a clear understanding of your family law rights becomes crucial.

How Infidelity Can Directly Affect Your Assets

The court’s main goal is to achieve a fair outcome when dividing property. An affair can directly influence what the court considers “fair.” If your spouse used marital funds—money earned or assets acquired during the marriage—to support their affair, a judge can compensate you for that loss. For example, if they used a shared credit card to buy jewelry for their partner or drained a savings account for a secret trip, those actions directly reduced the total value of your marital estate. The court can correct this imbalance by awarding you a larger portion of the remaining assets.

Examples of Unequal Property Division

Let’s look at some real-world scenarios. Imagine your spouse used a joint credit card to buy expensive gifts, like jewelry or designer bags, for their affair partner. Or maybe they took money from your shared savings account to fund secret weekend getaways, complete with fancy dinners and hotel stays. This is what the court calls “dissipation of marital assets”—essentially, wasting money that belonged to both of you. In these situations, a judge can make the property division unequal to make it fair. For example, if your spouse spent $15,000 on the affair, the judge might award you an additional $15,000 from the remaining assets, like a larger share of the home’s equity or from their retirement account, to balance the scales.

What if Marital Money Was Spent on an Affair?

If you suspect your spouse spent marital funds on an affair, you’ll need to provide proof. A judge won’t simply act on suspicion. This is where documentation becomes your best friend. You can gather evidence like bank statements, credit card bills, and receipts that show money being spent on things outside of your marriage, such as hotel stays, gifts, or dinners you weren’t present for. By presenting clear evidence of these expenditures during your divorce proceedings, you can demonstrate to the court that marital assets were wasted. The court can then adjust the final property settlement to make up for what was lost.

Can You Reclaim Funds Spent on an Affair?

When you seek compensation, you’re not asking the court to punish your spouse; you’re asking it to restore financial fairness. If your spouse spent $20,000 from a joint savings account on their affair partner, that’s $20,000 that should have been part of your marital property. To make things equitable, a judge might award you an additional $20,000 worth of assets from the remaining property, whether that’s from a retirement account, the sale of a home, or another asset. The goal is to ensure the final division reflects the property you should have had if the money hadn’t been spent improperly.

Does the Timing of the Affair Matter?

Yes, the timing of an affair matters, but perhaps not in the way you think. The court is less concerned with whether the affair happened at the beginning or end of your marriage and more focused on when marital money was spent. If your spouse used shared funds for gifts, trips, or hotel rooms during the marriage, the court can hold them accountable for wasting those assets. This is legally known as the “dissipation” of marital assets, and it’s a concept judges take very seriously. The goal is to ensure that one spouse’s actions don’t unfairly drain the resources that should have been available for division in the divorce.

Can You Sue for an STD Contracted During an Affair?

If your spouse’s infidelity resulted in you contracting a sexually transmitted disease (STD), you have the right to take legal action. This goes beyond the standard divorce proceedings and is handled as a separate personal injury claim called a “marital tort.” To be successful, you would need to provide clear proof, typically with medical records and a doctor’s testimony, that your spouse was the source of the infection. This type of claim seeks financial compensation for the physical harm, emotional distress, and medical expenses you have incurred. It’s a sensitive and complex area of family law, but it provides a path to hold your spouse accountable for the direct harm they caused.

Does Infidelity Influence Alimony Decisions?

When you’re dealing with the fallout of an affair, it’s natural to wonder how it will affect the financial side of your divorce. The question of alimony, or spousal support, often comes up. While Maryland law doesn’t have a strict rule that automatically denies

The key is understanding that judges in Maryland have a fair amount of discretion. They consider a list of specific factors when deciding on alimony, but they also look at the circumstances that led to the end of the marriage. This is where infidelity can become relevant. The court is less interested in punishing a spouse for their behavior and more focused on whether that behavior had a financial impact on the marriage. For instance, did marital funds get spent on the affair? Did the emotional fallout impact your ability to work? These are the types of questions a judge will consider. If you’re facing this situation, working with a family law attorney can help you present your case in a way that focuses on these crucial financial details.

What Maryland Courts Look at When Deciding Alimony

When a Maryland court determines whether to award alimony, and for how much, it doesn’t start with who was at fault. Instead, the judge works through a list of statutory factors. These include the financial needs of the spouse requesting support, the other spouse’s ability to pay, the standard of living you both enjoyed during the marriage, and how long you were married. The ultimate goal is to ensure a fair outcome, especially if one spouse is at a financial disadvantage after the divorce. While adultery isn’t on that primary checklist, the law does allow a judge to consider the “circumstances that contributed to the estrangement of the parties.” This is the opening where infidelity can influence the outcome when making a final ruling on alimony.

Will an Affair Change the Alimony Amount?

The most direct way an affair can affect support payments is if marital money was spent on the affair itself. This is known as “dissipation of marital assets.” If your spouse used your joint savings to pay for expensive gifts, lavish vacations, or rent for their affair partner, a judge can hold them financially accountable. This isn’t about punishing the act of cheating, but about making things right financially. In this scenario, the court might order the unfaithful spouse to reimburse the marital estate for the money they spent. This could result in the other spouse receiving a larger share of the marital property or a more favorable alimony award to compensate for those wasted funds. The focus remains on fairness and ensuring one spouse isn’t left in a financial hole because of the other’s actions.

Factoring in Financial and Emotional Harm

An affair causes deep emotional pain, and while a court can’t put a price on your feelings, it can consider the tangible consequences of that harm. The emotional distress from infidelity can have a real impact on your ability to work and support yourself. For example, if you’ve had to seek therapy or take time off work due to the stress and anxiety caused by the affair, these are real financial costs. You can present these facts to the court to show a demonstrated need for financial support. If the emotional turmoil has created new obstacles to you becoming self-sufficient, a judge may see this as a valid reason to award or increase alimony. The goal is to provide the support you need to get back on your feet, and if the affair directly created financial setbacks, that becomes a relevant part of the alimony discussion.

Can an Affair Affect Child Custody Arrangements?

When a marriage ends because of an affair, one of the most pressing concerns is how it will impact the children. It’s natural to worry that a judge might view infidelity as a sign of bad character, but when it comes to your kids, the court has a very specific and consistent focus.

Understanding the “Best Interests of the Child” Standard

In Maryland, every choice a judge makes about your children is guided by one principle: the “best interests of the child.” This legal standard is the court’s top priority, and it means all decisions are made to support the child’s happiness, security, and overall well-being. The court looks at factors like each parent’s ability to care for the child, the child’s relationship with each parent, and which environment offers the most stability. While a parent’s behavior is considered, it’s viewed through the lens of how it directly affects the child. Understanding this standard is the first step in navigating child custody decisions during your divorce.

When Does an Affair Matter in Custody Cases?

On its own, infidelity usually does not determine who gets custody. A parent cheating doesn’t automatically mean they are an unfit parent or will lose their custody rights. The court is more concerned with parenting skills than with marital faithfulness. However, an affair can become a factor if the behavior surrounding it harms the child. For example, if the affair led to the child being neglected, left unsupervised, or exposed to inappropriate arguments or situations, a judge will take that very seriously. The focus isn’t on the act of cheating itself but on whether it created an environment that was detrimental to the child’s welfare.

Examples of Behavior That Can Impact Custody

A judge will look for specific actions that show a parent’s affair has created a negative environment for their child. For instance, if the affair caused a parent to neglect their duties—like missing school pickups or leaving the child unsupervised—the court will take notice. Another major concern is exposing the child to the new partner in a harmful way, such as having them stay overnight while the child is home or introducing them before the child is emotionally ready. If the new partner has a questionable background, like a history of substance abuse or a criminal record, that can be seen as putting the child in a potentially dangerous situation. These are the kinds of behaviors that can directly influence child custody decisions because they go against the child’s need for stability and safety.

How a New Partner Can Complicate Custody

If the affair involves a new partner who is now part of your life, the court may look into their background and character. This is still part of ensuring the child’s best interests. If the new partner has a history of substance abuse, criminal activity, or behavior that could put a child at risk, it can absolutely impact custody arrangements. The court might limit the cheating parent’s time with the child or require that the new partner not be present during visitation. These are complex situations that fall under the wide umbrella of family law, and the court’s goal is always to protect the child from potential harm.

How Adultery Affects Child Support vs. Child Custody

It’s important to separate how an affair might influence child custody versus child support, because the court treats them very differently. Custody decisions hinge entirely on the “best interests of the child.” An affair only matters if the behavior surrounding it—like neglecting the child or introducing them to an unsafe new partner—directly harms their well-being. Child support, on the other hand, is almost purely a numbers game. Maryland uses a specific formula based on parental income and the custody schedule to determine the amount. The affair itself has no bearing on this calculation. The court’s objective is to ensure the child’s financial needs are met, not to use child support as a way to penalize a parent for their marital misconduct. These are distinct legal areas, and understanding the difference is key when preparing for your child custody case.

What Evidence Do You Need to Prove Adultery?

If you decide to file for a fault-based divorce on the grounds of adultery, the burden of proof is on you. Simply telling the judge your spouse was unfaithful isn’t enough; you need to present clear and convincing evidence to support your claim. Maryland courts require more than just suspicion. The evidence must show that your spouse had both the disposition and the opportunity to commit adultery. This means you need to build a case that demonstrates their inclination toward infidelity and a specific chance they had to act on it. Gathering the right kind of proof is essential, and it’s important to do so legally to ensure it can be used in court.

What Counts as Proof? (Digital and Physical Evidence)

In many cases, the proof of an affair lives in digital messages and financial transactions. If you want the court to consider infidelity, you’ll need solid evidence. Common examples include financial records showing suspicious spending on gifts or hotel rooms, revealing text messages, emails, or social media posts. You might also find photos or videos that support your claim. It’s crucial to gather this information legally. Accessing your spouse’s private, password-protected accounts without permission could get you into legal trouble and may cause the evidence to be thrown out. Focus on shared accounts and publicly available information. An experienced family law attorney can guide you on what you can legally collect.

Can Emotional Affairs Be Used as Evidence?

While the betrayal of an emotional affair feels just as real, it does not meet Maryland’s strict legal definition of adultery. The law is very specific: adultery requires proof of sexual intercourse. This means that inappropriate text messages, secret online relationships, or a deep emotional connection with someone else, on their own, are not grounds for a fault-based divorce. However, the actions that often accompany an emotional affair can still be very relevant. If your spouse spent marital money on gifts, trips, or dinners with this other person, that can be considered a waste of marital assets. In these situations, the focus shifts from proving the affair to proving financial misconduct, which can absolutely impact how property is divided in your divorce.

Using Witness Testimony Without Crossing Lines

Sometimes, the most compelling evidence comes from another person. A witness can be anyone who has firsthand knowledge of the affair, such as a friend, family member, or neighbor who saw your spouse with the other person in a compromising situation. Their testimony can help corroborate other evidence you’ve collected. However, accusations alone won’t cut it. Any claims, especially those suggesting the affair has negatively impacted your children, must be proven, not just guessed. It’s also vital to respect privacy laws. For example, Maryland is a two-party consent state, meaning you cannot legally record a private conversation without the consent of everyone involved.

Is It Time to Hire a Private Investigator?

If you strongly suspect your spouse is having an affair but can’t find concrete proof on your own, hiring a private investigator might be a good next step. A professional investigator knows how to gather information legally and discreetly, which is critical for your case. They can conduct surveillance and provide objective evidence like photographs, videos, and detailed reports that can stand up in court. While it’s an added expense, the evidence a private investigator uncovers can be invaluable, especially in contentious child custody battles or disputes over alimony. Before hiring one, it’s wise to discuss the potential benefits and costs with your attorney.

The Emotional and Social Toll of Infidelity

Beyond the legal strategies and courtroom dates, an affair leaves a deep and personal mark. The discovery of infidelity is more than just a reason for divorce; it’s a traumatic event that can shatter your sense of security, trust, and self-worth. This emotional fallout doesn’t stay neatly contained. It can ripple through your friendships, family relationships, and even your professional life, making it difficult to focus on anything other than the pain. While the legal system can feel cold and procedural, it’s important to remember that the personal impact of an affair is very real. Acknowledging this emotional and social toll is the first step toward healing, and in some cases, the law can provide support to help you get back on your feet.

Statistics on Infidelity and Divorce

While statistics can feel cold, they show just how many people face this difficult reality. The emotional betrayal is often compounded by a financial one. When marital funds are spent on the affair—for gifts, trips, or hotel rooms—the court can hold your spouse accountable for wasting those assets. In Maryland, the court’s main goal is to achieve a fair outcome when dividing property, and an affair can directly influence what the court considers “fair.” It’s not about punishing your spouse for their actions, but about ensuring you aren’t left at a financial disadvantage because of their choices. This is where the emotional and financial realities of infidelity intersect in a divorce case.

Navigating the Social and Emotional Fallout

The emotional distress from infidelity can have a real impact on your ability to work and support yourself. It’s not uncommon to struggle with anxiety, depression, or an inability to concentrate, which can affect your job performance and financial stability. Maryland courts can recognize this connection. If the emotional turmoil has created new obstacles to you becoming self-sufficient, a judge may see this as a valid reason to award or increase alimony. This isn’t about putting a price on your pain, but about providing the financial support you need to heal and rebuild your life. Presenting this aspect of your case requires sensitivity and a clear focus on how the affair has tangibly impacted your financial needs, something an experienced family law attorney can help you articulate.

How Do Maryland’s Adultery Laws Stack Up?

When you’re going through a divorce, it’s easy to get caught up in stories from friends or articles about high-profile cases from other parts of the country. But when it comes to family law, location is everything. The rules surrounding adultery and its impact on divorce proceedings can vary dramatically from one state to another. What might be a major factor in a divorce in one state could be almost irrelevant in another, which can be confusing when you’re trying to figure out your own next steps.

Understanding these differences helps put Maryland’s approach into perspective. It clarifies why certain strategies are effective here and why advice that works for a cousin in California might not apply to your situation in Towson. For instance, some states have completely eliminated “fault” as a reason for divorce, making infidelity legally insignificant in the courtroom. In contrast, other states, like Maryland, still consider marital misconduct, which can influence aspects of the final settlement. The key is to focus on the laws that will directly affect your case, and for that, you need to know where Maryland stands on the national spectrum. This knowledge empowers you to make informed decisions and set realistic expectations for your divorce.

Maryland’s Approach to Fault vs. No-Fault Divorce

Across the United States, states generally fall into two camps regarding divorce: fault and no-fault. Some states only allow for no-fault divorce, meaning you don’t have to prove wrongdoing to end the marriage. Other states, including Maryland, give you the option of filing either a “fault-based” or “no-fault” divorce. This flexibility is a significant advantage. It means that if your spouse’s adultery is the reason for the split, you have the legal grounds to say so in your divorce filing. This choice can influence the entire timeline and tone of your divorce proceedings, giving you a strategic option that isn’t available to residents in strictly no-fault states.

Why Financial Outcomes Can Vary So Much by State

The financial consequences of adultery are another area where state laws diverge widely. In some states, proving infidelity can have a massive impact on the financial outcome. For example, a spouse who committed adultery might be completely barred from receiving alimony or see their potential award significantly reduced. In other states, especially those that only recognize no-fault divorce, an affair might have little to no bearing on how assets are divided or whether spousal support is granted. The court’s focus in those places is almost entirely on financial need and contribution, not marital conduct. This is why understanding Maryland’s specific rules is so critical to protecting your financial future.

Why Maryland’s Rules Are What Matter for You

While comparing laws is interesting, the only rules that will shape your future are Maryland’s. Our state has a unique approach to situations where both spouses may have grounds for a fault divorce. In the past, if both partners had affairs, a court might not have granted a divorce to either one. Today, Maryland uses a doctrine called “comparative rectitude,” where the court can grant a fault divorce to the person who is considered “least at fault.” This means that even if the situation is complicated, your spouse’s actions are still relevant. It’s a nuanced approach that requires careful legal strategy, underscoring the importance of working with an attorney who deeply understands Maryland family law.

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Frequently Asked Questions

Do I have to prove my spouse cheated to get a divorce in Maryland? No, you don’t. While adultery can be used as a reason, or “grounds,” for a fault-based divorce, Maryland also offers no-fault options. You can get a divorce based on a 12-month separation or by mutual consent, which are often simpler and less confrontational paths that don’t require you to prove any wrongdoing.

My spouse had an emotional affair online. Does that count as adultery in court? From a legal standpoint, no. Maryland law has a very specific definition of adultery, which requires proof of voluntary sexual intercourse with someone outside the marriage. While emotional or online affairs are certainly a betrayal, they don’t meet the legal standard a court requires to rule that adultery occurred.

Will I automatically get more money or the house if I prove my spouse had an affair? Not automatically. A judge won’t award you more assets simply to punish your spouse for cheating. However, if your spouse spent marital money on the affair—for things like gifts, hotels, or trips—the court can adjust the property division to compensate you for those wasted funds. The focus is on making the financial outcome fair, not on penalizing infidelity.

Could I lose custody of my children because I had an affair? It’s highly unlikely that you would lose custody based on infidelity alone. In Maryland, all custody decisions are based on the “best interests of the child.” A judge is concerned with your parenting abilities, not your marital faithfulness. An affair would only become a factor if the behavior surrounding it directly harmed your children, such as exposing them to inappropriate situations or causing them to be neglected.

Is it always a good idea to file for a fault-based divorce if I have proof of an affair? Not necessarily. While filing on the grounds of adultery can sometimes lead to a more favorable alimony outcome, it also forces you into a more contentious, expensive, and emotionally draining legal process. You have to weigh the potential benefits against the very real costs. Sometimes, pursuing a simpler no-fault divorce is the more practical choice that allows you to move forward more quickly.