Infidelity is often the reason one or both parties in a marriage decide to get a divorce. Often times when one of the marital partners is accused of adultery, the injured party will seek the services of an attorney. During the initial consultation people who seek resolution through the process of divorce often have feelings of betrayal, anger and disillusionment. Many people believe that if their spouse has committed an act of adultery, they should be entitled to more when it comes to their divorce settlement. And many more people seeking divorce after their spouse has cheated believe that they have the right to walk away from their marriages with everything, while leaving their spouses with nothing. There are a few things you need to know about the role adultery actually plays during divorce process.
Certain Sets of Circumstances
An experienced divorce attorney Yardley PA understands how devastating it can be to find out that your spouse has had an extramarital affair. They also understand the anger you are feeling. Attorneys are also human beings who have been involved in situations that have left them feeling like getting even with the party that injured them. It might be difficult to accept, but when it comes down to divorce proceedings, there is a unique set of circumstances that have bearings on the process of divorce. Here are a few of them:
- Giving a boyfriend or a mistress access or permission to use a credit card
- Setting a mistress or boyfriend up in a house or an apartment
- Buying a car for the person outside of the marriage to utilize
- Purchasing or engaging in anything that affects the manner by which marital funds or property is divided
- Anything influencing the finances of the marriage
Beyond any of these things, adultery is an irrelevant factor when it comes to divorce proceedings in states where people can file for no fault divorces. In the state of Pennsylvania, parties can file for fault divorces, and the spouse who committed the adulterous act could end up with less at the end of the divorce process. Adultery of proven can also determine whether or not the offending spouse pays alimony.
To Mediate or Not
There are two ways to seek the remedy of divorce. You can have the judge determine how the marital property is divided, and who gets other items associated with the marriage. A judge would also decide other details pertaining to the dissolution of the marriage. Most divorce attorneys prefer to try to work with their clients through the process of mediation. This process allows the two parties to come together on neutral grounds to work together to try to come to an agreement regarding the division of property and other matters pertaining to their divorce. Another option to proceed with a divorce is to create a divorce agreement. These agreements are 25-pages and they identify all of the particulars pertaining to custody, property, finances and any other matters that pertain to the dissolution of a marriage.
When you have come to the conclusion that a divorce is your best option, you need a compassionate attorney who specializes in the field of family law to assist you with your divorce proceedings. Seek the services of an attorney who is willing to listen to what you have to say, and who is willing to work in partnership with you that is based on transparency, trust and honesty. Even though family law attorneys handle numerous divorce cases every year, you want to be sure to seek the services of one who will be empathic to your experience and will answer your questions without making you feel uncomfortable.