Questions to Ask You Divorce Attorney About Adultery and Divorce

By Leigh Daniel, Attorney at Law
Adultery
  1. infidelity and divorce questions to ask your divorce attorneyWill I still have to give them any of my retirement if I can prove adultery? We are not a community property state and what will be awarded is dependent on the years married but generally, adultery is not going to prevent your spouse from receiving a portion of your retirement.
  2. Since they cheated can I get custody? Sexual misconduct alone will not affect custody. If the adultery affected their ability to care for the child or children then it will be a factor in deciding custody.
  3. I don’t want my kids around the person my spouse cheated with what can I do? The standard parenting clauses in Madison County state that no overnights during visitation with a person of the opposite sex is permitted. The rest of the time, unless you can prove the person is harmful to the children and the Court restricts their access then your ex can have them around.
  4. I don’t want to pay alimony because my spouse is cheating, will I have to? You may. Alimony is awarded based on several factors and one of them is fault. But this isn’t the only factor and alimony may still be awarded.
  5. Will my spouse have to pay my legal fees if they are cheating? Not necessarily. It’s in the Judge’s discretion.
  6. Can I have an uncontested divorce on the grounds of adultery? It depends on the Court. Some Judges will not enter an agreement in an uncontested with adultery as the grounds.
  7. My spouse has been texting and emailing someone else, is this adultery? No. Adultery requires sex. It may create an inference of adultery but it’s not going to prove it.
  8. My spouse and I were swingers but now they are cheating with someone without my permission, is that adultery? Yes. The question lies in the condonation. Did you agree or consent to the adultery? If so, you can’t later use it against them.
  9. My spouse cheated on me several years ago. Can I bring it up now in the divorce? Not to prove adultery if the two of you have had sex since then, however, you can use it to prove incompatibility.
  10. I’m having an emotional relationship with a co-worker is that adultery? Not unless you’ve been having sex.
Author:
our promise to you

A respected Huntsville family law attorney with more than 20 years’ experience, Leigh Daniel is known for her positive attitude and her skills in the courtroom. She prides herself in the care and compassion that she and her team put into every case. Her goal is to instill a sense of confidence in her clients so they know success is on the horizon. As an author, inspirational speaker, coach, and founder of Project Positive Change, Leigh stays focused on the positive impact she can make on every client’s case.