Divorce is never simple, but when one spouse has an extramarital affair, it can feel especially devastating to the whole unit. The loyal spouse must deal with the emotional trauma of the marriage’s dissolution as well as the additional emotional burden of having to confront the betrayal of their partner’s infidelity. Due to no-fault divorce rules, adultery has no bearing on the divorce process in most states. The state’s unique laws may or may not affect divorce proceedings in Alabama. Discuss your case with qualified lawyers at The Harris Firm, LLC.
Alabama’s Divorce Laws Regarding Adultery
You can file for a fault-based or no-fault divorce in Alabama. Faster resolution is the primary advantage of a no-fault divorce, which eliminates the need to determine who was at fault in the marriage. But if you have evidence that your spouse has been unfaithful to you, that might change your life in many ways.
It’s important to remember that claiming your spouse was unfaithful won’t help you win a case just because you want anything from the court. You need proof that your partner was unfaithful in order to proceed. Although it may be challenging to obtain direct evidence, it is not impossible with the help of a private investigator. Likewise, evidence of an extramarital affair might be found in conversations between the suspected cheating spouse and their alleged lover.
Once you have presented sufficient evidence to the court that your spouse did, in fact, have an extramarital affair, the court may award a fault-based divorce.
Consider the Consequences if Your Spouse Spends Their Extramarital Money on Their Affair.
The division of property during a divorce is a major area in which an extramarital affair can have an impact. Distribution of property is considered equitable under Alabama law, which implies that a number of considerations may be considered.
In the event that your husband supported an extramarital affair using marital funds and assets, you may be able to negotiate a larger settlement. You should be compensated for the loss you suffered since your spouse spent your money on their lover.
This is crucial if your husband has lavished money on an extramarital lover. It’s normal for one participant in an extramarital affair to be showered with gifts of automobiles, trips, money, and even real estate by the high-earning spouse. That reduction in value should be applied to their stake, not yours.