Does Cheating Matter In Divorce?
Being cheated on is devastating. When your trust is betrayed by the person who was supposed to be in your corner no matter what, it can be difficult to see past that. However, even if cheating is what caused your divorce, does it matter under the law?
No-Fault Divorce Means Cheating Doesn’t Matter — Legally
In Washington, as in many other states, couples no longer need a reason to divorce. This is known as no-fault divorce. Whereas in the past you had to prove that your spouse did something wrong in order to get a divorce such as committing infidelity or abuse, today couples can simply decide they do not want to be together without having to come up with a clear reason.
In general, no-fault divorce is a good thing. Sometimes couples simply fall out of love and would be better off apart. Having to prove fault can make it difficult to get out of such a marriage. However, no-fault divorce also means the courts typically don’t care why you are divorcing — even if it is because of an extramarital affair.
Can Infidelity Play Any Role In A Divorce?
Just because your spouse cheated, does not mean the court will take your side in the divorce. However, if your spouse’s infidelity impacted your life in other ways, it could play a role in your split. At Akiona Law, PLLC, in Everett, Washington, our attorneys can help you determine whether your spouse’s infidelity could impact your divorce.
Did the Cheating Spouse Use Joint Funds To Pay For His or Her Lover?
Cheating can play into a divorce when one spouse wasted community assets on his or her lover. For example, if your husband was not only cheating on you, but also used your joint account to buy his girlfriend gifts, take her on trips or otherwise benefit her, it can be factored into your property division negotiations.
Is He Sorry For Cheating?
If your husband cheated on you but is now remorseful, it is possible that the infidelity could have an impact on your divorce agreement. Your ex may be more willing to amicably reach a fair settlement if he feels responsible for the divorce.