Will Adultery Affect Divorce in Auburn, Alabama?

In Auburn, Alabama, adultery is considered a severe moral and legal failing. Thus, this conduct has serious consequences. Under the law, a violation of marriage sanctity is a criminal offense, not just a private matter between spouses. That is why adultery in the state is a Class B misdemeanor and is punishable by up to a six-month jail sentence or a fine. But how does adultery impact a divorce? A divorce lawyer Auburn can walk through this matter and provide you with the legal guidance you need. 

Is Adultery a Ground for Divorce?

The matrimonial law of the state recognizes fault-based and no-fault grounds for divorce. While a no-fault divorce allows for a faster divorce resolution, a fault-based divorce provides the injured spouse the chance to recover more assets than they would be allowed otherwise. Also, adultery can impact prenuptial agreement applications. 

How Adultery Affects Alimony and Property Division

As family courts in Auburn deliberate on the alimony amount, need, and duration, they may take into account a spouse’s adulterous conduct. Consequently, such conduct can result in the cheating spouse getting just a small amount of alimony, regardless of their financial contribution to the marriage. Sometimes, a cheating spouse may be barred from getting alimony altogether. 

In addition, adultery affects property division in a divorce. In the state, marital property must be distributed equitably between spouses. If a cheating spouse uses or squanders marital assets for their adulterous escapades, the innocent spouse may be awarded a bigger share of the assets.   

Child Custody and Visitation Rights

When courts decide on child custody, they are focused on the child’s best interests, whether adultery is involved or not. This means that they don’t factor in adultery as long as it doesn’t affect the welfare of the child. If the adulterous conduct of a spouse has a negative effect on the child, such a factor could be considered by courts when making custody decisions. 

Proving Adultery

Charing a spouse with adultery in a divorce case requires proving this conduct. The law demands evidence like witness statements, written communication, and photos. There is no need to get direct evidence of your spouse’s adultery like videotape evidence of them having a sexual encounter with another. But you need circumstantial evidence, so there’s more than a simple suspension of adultery. This can be challenging to navigate and requires the guidance of an experienced divorce attorney in Auburn. 

If a spouse has used marital assets in any way to provide or support an extra-marital relationship then a court of law will take this activity into consideration when determining how to best distribute marital assets. One of the most common examples of how marital assets are used to support an affair is when a spouse uses funds drawn from a married couple’s banking or checking account to either take the extra-marital partner on a vacation or buy the partner an expensive item.

Adultery can have a profound impact on custody determinations in the event that a spouse has exposed the children in question to the extra-marital relationship. A court in Alabama will decide custody issues based upon what is in the best interest of a child. As such, a spouse’s infidelity will have to have such a substantial impact on the child that this exposure suggests the parent is unfit to have custody over the child.