Upon discovering infidelity, you may have questions about whether or not you should take measures to protect yourself legally. While infidelity does not generally impact the divorce proceedings, your reaction to the infidelity and conduct after the discovery can impact the divorce process. For example, if you physically assault your significant other upon discovering the infidelity, you may face repercussions. If infidelity has impacted your marriage, it’s always a good idea to make sure you’re doing the right thing when it comes to protecting your best interests.
Deciding Whether or Not to Stay
Finding out that your spouse is having an affair is often a devastating event. How you’ll respond will depend on whether or not you’ve decided to stay with your spouse after the affair has been uncovered. Some people find that they can work through their issues, trust their spouses, and rebuild the marriage. Other couples find that they are unable to move forward with the marriage after an affair has been discovered. Whether you decide to leave or stay, it’s important to understand that you do have options, and there are no right or wrong answers here. If you decide to leave, there could be a difficult legal battle ahead of you. However, if you decide to stay, you may need a lot of counseling in order to heal from infidelity and rebuild your trust.
Consulting with an Attorney
Even if you’ve decided to stay, it may be helpful to consult with an attorney just so you’re prepared for a divorce if it does happen. Though you may not want the divorce, your spouse might want the divorce. Therefore, it’s always a good idea to consult an attorney so you understand the issues that are relevant to your case in the event that you are unable to restore your marriage. Some attorneys do give free consultations but, if possible, it may be a better idea to meet with an attorney you’d actually want to represent you, even if that means paying for a consultation.
The Separation Process
If you know that you cannot stay, it may be a good idea to start arranging the separation process.
Before you begin the separation process, it’s always a good idea to consult an attorney beforehand. In some cases, certain things may make it more difficult for you to be awarded custody, or certain assets. For example, if you decide to move back in with your parents who live out of state, and you don’t see your children for six months, you may have a hard time getting significant amounts of parent-time if the children have already become accustomed to living at home with the other parent full time. Consulting an attorney before you begin the separation process can help protect your best interests.
Considering the Children
It’s always a good idea to consider the children and their mental health before telling them about the divorce. In almost every case, your children will benefit from not knowing the real reasons behind their parents’ divorce. It’s very likely that your children will not benefit from knowing that their parents are divorcing because their other parent cheated. In fact, depending on the situation, a judge may decide that you’re alienating your children by telling them about the adultery. Therefore, when announcing your divorce or answering questions about the divorce, it’s always a good idea to speak well of your spouse, even if they cheated on you, and refrain from telling the children about the adultery at all costs.
Does the Court Care about Adultery?
There are some cases where adultery by your spouse can affect your divorce proceedings. It would be wise to meet with an experienced attorney to determine if and how adultery may affect your divorce. It is important to do this rather quickly as time may play a factor in whether adultery plays a part in your divorce. This is important because it may require you to obtain evidence of adultery in the event the issue must be taken to court. If you find that it may not affect your divorce in any meaningful way you may feel that there is a lack of judicial accountability for the actions of your spouse. That can be a difficult thing to cope with mentally and emotionally. Turning to a qualified mental health professional may help if you are in a situation where your spouse has cheated.
When Infidelity Has Damaged Your Marriage
If your spouse has cheated on you, and you’re uncertain of how you’ll move forward, getting legal advice can help you determine your best course of action. Furthermore, it can help you pave the way for success in the event that you do decide to get a divorce. If you’ve been hurt by infidelity, and you believe your marriage has come to an end, contact CoilLaw today for an initial consultation.
