A person finding a man and woman in bed

What Factor Will Infidelity Play in My Divorce?

Oleen Law Firm May 30, 2022

Divorces can occur for several reasons, and most people come out the other side in a better place, ready to start a new chapter in life. However, going through a divorce is never easy, even if you know your relationship isn’t viable. One common reason couples divorce is due to infidelity, and if this is true for you, you may be asking yourself, “How does cheating affect my divorce?”

The answer to this question is unfortunately not clear cut, and you’ll have to examine many factors alongside it. If you’re going through a divorce or are considering divorce, it can be extremely helpful to speak with an experienced family law attorney. At Oleen Law Firm, we can provide comprehensive legal support for all your divorce and family law needs. If you’re in the Manhattan, Kansas, area, including Junction City, give us a call today to get started.

No-Fault and Fault-Based Divorce

In general, Kansas is a no-fault state for divorce, meaning two people can get divorced on the grounds that they’re simply incompatible. However, there are two instances where fault would come into play. One is due to a mental illness or incapacity and requires that your spouse has been institutionalized for more than two years, and the other is failing to fulfill your marital duty or obligation. This latter category is very broad and can be interpreted to include acts like adultery. However, judges are likely to disregard the cause of the divorce except in specific cases.

Ways That Adultery Might Factor In

While it’s rare that a judge will consider adultery in your divorce decree, it can happen. One way that it may affect your divorce is through spousal support (also called alimony or maintenance) if the actions that accompanied the infidelity were “gross and extreme.” In most cases, a judge will consider a number of factors when determining alimony but they’re mainly focused on the other spouse’s financial need.

Infidelity may play a small part in this if the cheating spouse somehow took more than their fair share of marital money or assets. This would also affect how a judge addresses asset division in general. If the unfaithful spouse spent lavishly on their paramour and squandered the marital estate, a judge may see it fit to award the other spouse a higher proportion of the assets to achieve an equitable division.

Lastly, if you’re going through a divorce with children, you’ll have to come to an agreement about child custody and child support. Infidelity typically won’t affect this, but it could if a judge feels that the actions of the cheating spouse somehow put the child in danger or affected their health and safety.

Living With Someone Else While Divorce Is Pending

If you choose to live with someone else (like a romantic partner) while the divorce is pending, know that this may affect your divorce decree. If you are receiving temporary alimony while your divorce is pending, a judge may see this as a reason to terminate it. If you’re the paying spouse, your cohabitation with someone else won’t affect the amount you pay.

Living with someone else may also affect the division of assets. If you’re sharing marital resources with someone else while your divorce is pending, this could be grounds for a judge to award a higher percentage of your assets to the other partner.

Experienced Guidance You Can Trust

If you’re looking for a divorce attorney in Kansas to answer your questions about infidelity and divorce, or if you’re wondering, “Is adultery grounds for divorce?”, call us at Oleen Law Firm. From our office in Manhattan, Kansas, we’re able to help with all your family law needs. Reach out today to schedule a consultation.