Ask A Lawyer: Fault Or No Fault For Infidelity

Question:

I am looking at getting divorced from my wife of 24 yrs. I found her cheating on me and so that is that.

Will her infidelity have any bearing on it if we make it a fault divorce? ( Not sure if I am going to do that. We may go no- fault. I have not decided what is more in my interest yet.)

The other question is that she has been the main provider of health insurance throughout the marriage. Do I have a right to those benefits after the divorce?

Answer:

If you are in a “fault” State such as Missouri you can ask for a higher percentage of marital assets due to her misconduct.  Please note that every affair is considered misconduct.  The affair must lead directly to the breakdown of the marriage to be considered misconduct.  If misconduct is proved it could also have a positive affect on maintenance also known as alimony and the allocation of attorneys fees.  Some jurisdictions such as Georgia, for example, an affair can place a total prohibition on a claim for alimony she may have.

If you are in a “no fault” State the misconduct of your wife may have no bearing on the litigation.

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2 comments on “Ask A Lawyer: Fault Or No Fault For Infidelity

    Infidelity
    I am a soldier in the OHARNG and I currently am deployed I recently discovered my wife had an extra marital affair while I was out of the country and she does not know I know. We are currently preparing to separate and Divorce I need to know my rights.

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