Adultery can have an enormous impact on the health of a marriage – and on resulting divorce proceedings as well. If you’re going through an adultery-related divorce in Alabama, you need an experienced attorney on your side to address the legal consequences.
Understanding Adultery Under Alabama Divorce Law
Adultery involves voluntary sexual relations with someone while either person is still legally married to someone else. Adultery is technically a Class B misdemeanor in Alabama, though courts rarely pursue it as a criminal offense. However, it can still be a key issue in divorce.
Alabama allows for divorce on both fault-based and no-fault grounds. In a no-fault divorce, the couple simply claims that their marriage has broken down beyond repair. In a fault-based case, one spouse must prove that the other’s misconduct caused the breakup. Adultery is listed as grounds for a fault-based divorce in the Alabama Code.
If you or your spouse files for an at-fault divorce based on adultery, it can affect decisions about alimony and property. However, the accusing spouse must meet a specific burden of proof to succeed.
Courts don’t require direct evidence of cheating, but they expect more than just suspicion. Useful evidence might include hotel receipts, financial records, call logs, texts, emails, photos, or witness testimony. Judges may also consider proof that the accused had both the desire and the chance to cheat, like evidence that they entered a lover’s home and stayed until the next morning.
Financial Consequences of Adultery in Divorce
There are several ways adultery can impact a divorce financially, including:
- Property division – Alabama uses equitable distribution to divide property in divorce. That means the court splits marital assets in a way it considers fair, not necessarily equal. When adultery plays a role in divorce, judges can weigh that misconduct when they decide what is fair. For instance, if a cheating spouse spent marital funds on an affair, such as by paying for trips or gifts, the court may grant the other spouse a larger share of the remaining assets to account for the misuse.
- Alimony – Adultery can also be a relevant factor if one spouse asks for alimony. When making alimony decisions, the court considers each person’s needs, their financial ability, and the effect of the affair on the marriage. If the unfaithful spouse requests financial support, the court may reduce the amount or deny it entirely. If the innocent spouse requests alimony, evidence of the other spouse’s infidelity could strengthen their claim.
- Concealing finances – An affair can also have financial consequences for divorce when it comes to hidden spending, joint debts, or withdrawals from retirement accounts. For example, if one spouse withdrew money from a 401(k) to spend on an affair, that misuse could affect how much money they retain after the divorce. A divorce attorney can use forensic accountants to help find any money an adulterous spouse may have used on an affair.
Impact of Adultery on Child Custody
Adultery alone won’t determine who gets custody in an Alabama divorce. Judges must base child custody decisions on what supports the child’s best interests. They won’t take away custody rights to punish a parent for cheating. That said, a parent’s behavior still matters. Alabama law allows judges to consider “moral character” and judgment when deciding custody, and an extramarital affair could raise concerns in both areas. The court will especially consider whether the affair harmed the child’s well-being.
If an affair involved poor decisions that affected the child by exposing them to unsafe situations or creating conflict at home, that behavior could influence custody outcomes. Judges may also weigh how the adulterous parent handled the affair and whether it disrupted their child’s well-being.
Alabama courts prefer to have children maintain regular contact with both parents after divorce. Judges presume that kids benefit from strong relationships with both parents, even if one parent had an affair. But if one parent’s affair causes harm, judges may limit their parenting time or assign more responsibility to the other parent.
Legal Options for Spouses Affected by Adultery
You have two main options if you are filing for divorce because your spouse committed adultery in Alabama:
- Fault-based divorce – You can file for a fault-based divorce in Alabama on the grounds of adultery. This could help you in court when it comes to dividing marital property or seeking alimony, but you’ll need evidence strong enough to prove adultery.
- No-fault divorce – You can file for a no-fault divorce instead. In that case, you don’t have to prove misconduct. Still, you may be able to present evidence of adultery to help your case when it comes to alimony or asset division.
If your spouse accuses you of adultery, there are several ways you can defend yourself. You could prove that both of you were unfaithful or that your spouse forgave you and continued on with the relationship. You could also show the court that no real evidence of an affair exists. The court wants to see actual proof, not just blame.
Adultery cases can raise the stakes considerably in a divorce. Whether you are accusing your spouse of cheating or facing accusations yourself, it’s best to work with an experienced divorce lawyer. The right attorney can help you make informed decisions, avoid costly mistakes, and protect your interests.
Divorce Involving Adultery? Protect Your Rights Today
When adultery leads to divorce, emotions run high, and the legal side of things gets complicated. You’ll need to prove your case with facts, not just feelings. With a focused strategy and proper legal support, you can stay in control and protect your future.
A skilled legal team can make all the difference in your Alabama divorce case. Here’s how one client described their experience working with Leigh Daniel Family Law:
“Leigh Daniel and her team made my divorce easy and stress free. Everyone was very caring and helpful with any questions or concerns I had. I would strongly recommend Leigh Daniel to anyone looking for an attorney.” – Michael Walton
If adultery has affected your marriage in Alabama, talk with a lawyer who knows how to handle it. The team at Leigh Daniel Family Law brings more than 30 years of family law experience to every case, including navigating adultery and divorce in Alabama. We will take the time to understand your goals and fight for your interests. Contact us now to arrange your initial consultation and get clear answers about your next steps.
