10 Questions about Adultery
1) Will I still have to give them any of my retirement if I can prove adultery? We are not a community property state and what will be awarded is dependent on the years married but generally, adultery is not going to prevent your spouse from receiving a portion of your retirement.
2) Since they cheated can I get custody? Sexual misconduct alone will not affect custody. If the adultery affected their ability to care for the child or children then it will be a factor in deciding custody.
3) I don’t want my kids around the person my spouse cheated with what can I do? The standard parenting clauses in Madison County state that no overnights during visitation with a person of the opposite sex is permitted. The rest of the time, unless you can prove the person is harmful to the children and the Court restricts their access then your ex can have them around.
4) I don’t want to pay alimony because my spouse is cheating, will I have to? You may. Alimony is awarded based on several factors and one of them is fault. But this isn’t the only factor and alimony may still be awarded.
5) Will my spouse have to pay my legal fees if they are cheating? Not necessarily. It’s in the Judge’s discretion.
7) My spouse has been texting and emailing someone else, is this adultery? No. Adultery requires sex. It may create an inference of adultery but it’s not going to prove it.
8) My spouse and I were swingers but now they are cheating with someone without my permission, is that adultery? Yes. The question lies in the condonation. Did you agree or consent to the adultery? If so, you can’t later use it against them.
9) My spouse cheated on me several years ago. Can I bring it up now in the divorce? Not to prove adultery if the two of you have had sex since then, however, you can use it to prove incompatibility.
10) I’m having an emotional relationship with a co-worker is that adultery? Not unless you’ve been having sex.