With the availability of no-fault divorces, it mostly is not a factor during a divorce.
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However, what if there are children involved? Is there a chance that judges and courts would consider adultery when trying to decide on child custody issues? Whether a spouse committed adultery before the divorce will not be a huge factor when courts decide on child custody matters. Although state laws could vary widely, all courts are legally liable for deciding child custody issues with the best interests of the child in mind.
This basically means that a mediator or judge will focus on encouraging and fostering the emotional development, happiness, mental health and security of the kid. Furthermore, no court in Albuquerque or anywhere else in New Mexico will take into account adultery when they decide the amount of child support or who should get custody.
For example, just because your wife has a picture standing next to a guy on her Facebook profile, doesn't mean that this proves that she is having an extra-marital affair with him.
How Cheating Affects Child Custody Decisions
But on the other hand, photos can be useful to prove infidelity if used in conjunction with other evidence. For example, if there was a photo of the wife kissing another guy on the lips or holding hands with another person, these pictures could be a lot more damning to her and could help prove her unfaithfulness. This hurdle is not just a hurdle because it may be literally difficult to find out who your spouse is cheating with.
This is also a hurdle because finding out who your spouse has been having an extra-marital affair with won't likely be fun or pleasant. What if it is with one of your own friends? What if it is with their boss?
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High-school Sweetheart? It could be someone that they met off of the Internet for all that you know. However, this may be an important battle to fight for closure. In order for you to subpoena a person, you must know their full name and a proper address to where they can be served with a subpoena. Of course since it is your cheating spouse's lover, there is a chance that they will either lie about the affair all together or down-play the extent of their relationship; the best hope is that they are honest about the affair.
However, you should not be concerned about this too much if you have some direct evidence of the affair such as photos, voice recordings, emails, other witnesses, etc.
Quick Tip : Some spouses choose to hire private investigators to get evidence of the infidelity. If you do, you must disclose the private investigator to the other side. Consult with your attorney on how to do so. Some people think that having children won't further complicate the divorce proceedings if there is an affair. However, if there are young children typically 13 years old and younger involved in the suit, the Court may punish the cheating spouse for their infidelity. The first question that a Court may ask is whether or not the cheating spouse's lover has been in the presence of the children.
If they have, especially at the objection or lack of knowledge from the other spouse, the Court may issue sanctions if in violation of a previous order or may issue a restraining order in order to alleviate this issue. Courts tend to aim to shield children from the issues involved in the divorce and realize how having children in the middle of the infidelity accusations etc.tradburtiphilfoa.gq
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In Texas, adultery requires sexual intercourse and anything less is not legally considered adultery for purposes of proving the fault-based ground for divorce. In court, adultery must be proven by clear and convincing evidence, which can be direct circumstantial evidence.
When spouses observe a change in activity and the behavior of the other, some ask and find out about an affair and others get their answers by hiring a private investigator. Note that proving the adultery of the other spouse is only necessary when adultery is a ground for divorce.
Coming to a child custody agreement after infidelity
If adultery is proven by clear and convincing evidence, the court may award a greater share in the division of community property or identify certain property as separate and not subject to division. As to contested child custody decisions, the court considers what is going to be in the be in the best interest of the child. In weighing the evidence presented, the spouse proving adultery can seek a more desirable custody determination where the cheating conduct of the other spouse is not something the child should experience.
When one spouse spends marital community money on another with whom they are carrying on an affair, the cheated spouse may make a claim to have the community estate effectively recompensed for the wasting of marital money on an affair. This is a separate issue from adultery as alleged as a ground for divorce. Adultery does not need to be proven to establish the wasting of community assets, which might involve an emotional or physical affair that does not otherwise qualify as adultery.
An experienced divorce attorney will help you determine the best course of action based on the facts and evidence presented. You may decide it makes sense to hire a private investigator, or a forensic accountant who can help trace the misuse of funds. It is important to ask oneself whether it is worth it and has value to allege and prove adultery or simply proceed with the divorce on a no-fault basis.
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Note that once adultery is alleged, it may be received as a declaration of war. If a less contentious divorce may yield better results, it should always be at least considered.