There are many different reasons as to why a couple may choose to dissolve their marriage. While some relationships simply break down over time, others may end more abruptly as a result of marital misconduct. Unfortunately, one of the more common actions that call for a divorce is adultery. When facing these situations, spouses often wonder whether or not adultery can impact the outcome of their divorce proceedings. To learn more, continue reading below and contact an experienced Alabama divorce attorney for assistance with your case.
What are Grounds for Divorce?
Spouses in Alabama must cite grounds for their divorce when the process begins. Depending on the circumstances, this can be fault or no-fault grounds. A spouse may cite no-fault grounds in the event of an irretrievable breakdown of the marriage for two years, abandonment for one year, or an incompatibility of temperament. Alternatively, a spouse may cite fault grounds if their partner commits an action that is considered misconduct, such as adultery.
Do I Have to Cite Fault Grounds if My Spouse Committed Adultery?
It is important to know that spouses are under no obligation to cite fault grounds in their divorce if their partner committed adultery. There are many cases in which spouses recognize their marriage is ending and do not want to draw the process out by trying to prove fault. Instead, they may choose to cite no-fault grounds for their divorce or utilize alternative divorce methods. This can include mediation, arbitration, or collaborative divorce.
Can Adultery Impact Divorce Proceedings?
When determining the outcome of a divorce, several different factors regarding the case come into play. It is because of this that all proceedings can be different from one another. If adultery took place within a marriage, it may impact certain aspects of divorce proceedings in the following ways:
- Division of Assets: The equitable distribution of property is not impacted by the grounds cited in a divorce.
- Alimony and spousal support: In some cases, an adulterous spouse may be awarded less alimony or be mandated to pay more to the other spouse in alimony.
- Child custody: Adultery rarely impacts custody, although it could in the event that it was potentially harmful to a child in any way.
- Child support: This could be affected through a trickle down effect after receiving less parenting time due to a child custody agreement.
Contact our Firm
Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.