Will Cheating Affect My Divorce Case?
When it comes to divorce cases, a common question that often comes up is whether infidelity might impact the divorce proceedings. While the emotional and psychological effects of cheating can be profound, it’s important to understand how Nebraska law handles cases involving adultery. This blog will provide clarity on how cheating could influence your divorce case in Nebraska.
Understanding Fault in Divorce Cases
Nebraska is a no-fault divorce state, meaning that neither party needs to prove fault, such as adultery, to get a divorce. Instead, the court recognizes the "irretrievable breakdown" of the marriage as sufficient grounds for divorce. This no-fault approach aims to reduce acrimony and focus on resolving practical matters like child custody, property division, and alimony.
While Nebraska does not require establishing fault to file for divorce, that doesn’t mean infidelity is entirely irrelevant in the proceedings. It can still influence specific aspects of the case, particularly when it comes to issues of trust, financial misconduct, and emotional harm.
Impact on Property Division
One of the most significant concerns in a divorce is how marital assets will be divided. Nebraska follows an "equitable distribution" model, meaning the court aims to divide property fairly but not necessarily equally. Infidelity can play a role here, although it's not usually the sole factor.
For example, if the cheating spouse spent significant marital assets on their affair, such as buying gifts, paying for trips, or other expenditures, the court might consider this "dissipation of marital assets." In such cases, the wronged spouse could receive a larger portion of the remaining assets to compensate for the financial losses incurred due to the affair.
Impact on Alimony (Spousal Support)
Alimony intends to provide financial support to a spouse who may be at a financial disadvantage after the divorce. When determining alimony, Nebraska courts consider various factors, including the duration of the marriage, the standard of living during the marriage, and the earning capacities of both spouses.
While infidelity alone is not sufficient grounds for determining alimony, it can intersect with other factors in significant ways. For instance, if infidelity affected the non-cheating spouse’s career or mental health, leading to reduced earning capacity, the court may consider this when awarding spousal support. Additionally, egregious conduct like financial misconduct related to the affair might influence the court's decision.
Impact on Child Custody and Visitation
When it comes to child custody and visitation arrangements, the court's primary focus is the best interests of the child. Nebraska courts evaluate various factors such as each parent's relationship with the child, their ability to provide a stable environment, and the child's preferences if they are old enough to express them.
Infidelity, by itself, does not have direct weight on custody decisions. The court generally views marital misconduct and parental fitness as separate issues. However, there are scenarios where an affair could impact custody arrangements.
For instance, if the cheating spouse introduced the children to an inappropriate relationship or engaged in behaviors that jeopardized the children's well-being, these factors could negatively influence their custody bid. The stability and safety of the child remain paramount in the court's judgment.
Emotional Impact of Cheating and the Need for Counseling
While the legal ramifications of infidelity may be limited, its emotional effects can be substantial. It is not uncommon for the spouse who was cheated on to experience severe emotional distress, which can complicate the divorce process. In such circumstances, seeking counseling or therapy can be beneficial.
Additionally, some courts may recommend or even mandate family counseling, especially when children are involved. The aim is to address the broader emotional landscape and facilitate better co-parenting relationships post-divorce.
What to Do if You Suspect Your Spouse Cheated
If infidelity is a factor in your divorce, it’s vital to approach the situation thoughtfully and strategically. Some steps you can take to navigate this issue include the following:
Gather evidence: If financial misconduct or dissipation of marital assets is involved, gather evidence such as bank statements, credit card bills, and other financial documents. This can strengthen your case during property division discussions.
Document emotional impact: Keep a record of any emotional distress or counseling sessions. This may be relevant if infidelity has affected your mental health or ability to work, which could influence alimony.
Consult an attorney: Legal advice is crucial for working through a divorce involving infidelity. At Abrahamson Law Office, we can provide personalized legal strategies tailored to your specific circumstances.
Frequently Asked Questions
Q: Can I sue the person my spouse cheated with?
A: While it may be tempting to seek revenge or financial compensation from a third party involved in the affair, Nebraska is not a "fault" state when it comes to infidelity. This means you cannot take legal action against the person your spouse cheated with.
Q: What if we both committed adultery?
A: In cases where both spouses have engaged in extramarital affairs, Nebraska courts typically won't consider either party's behavior as grounds for divorce. However, infidelity can still impact issues like property division and alimony. It's essential to consult with an attorney to understand how this may affect your specific case.
Q: Can infidelity impact the divorce process if we have a prenuptial agreement?
A: Prenuptial agreements typically outline how marital assets will be divided in case of divorce, regardless of fault. The court will generally uphold these agreements unless there are extenuating circumstances like fraud or coercion.
Reach Out for Experienced Legal Counsel
Navigating a divorce is challenging, especially when infidelity is involved. At Abrahamson Law Office, we provide compassionate and competent representation to help you achieve a favorable outcome. Contact us today to schedule a consultation with our experienced family law attorneys. Located in Omaha, Nebraska, we serve clients we serve clients throughout Sarpy County, Douglas County, Washington County, Saunders County, Otoe County, and Dodge County.