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Infidelity and its impact on divorce

On Behalf of | Nov 5, 2019 | Firm News

Arkansas couples who file for divorce must choose the reason why they seek to end the marriage legally. There exist two categories for grounds to end a marriage. Under a no-fault divorce, the couple agrees that they no longer get along. A fault divorce requests the court to grant the divorce due to one spouse’s actions.

The attorneys and staff at Robertson, Oswalt, Nony & Associates want to guide you through choosing the reason why your marriage is over. Choosing to place the blame on one spouse, especially for something such as adultery, may provide some advantage when it comes to the financial phase of the process. Familiarize yourself with how this may help or harm a divorce case.

Adultery as a grounds

There are eight grounds under which a party may seek a divorce. Adultery is the act of cheating on a spouse during any point in the marriage. It is a physical act, not an emotional one under Arkansas law. When citing it as a reason for the divorce, the party alleging the misconduct may ask the court to favor him or her during various stages of the process. However, in most cases, if the court is going to reward the innocent spouse, it typically occurs during the alimony determination.

Proving adultery

One spouse cannot merely give adultery as a reason for divorce. Proof must exist that one spouse stepped out on the marriage with someone else. Evidence to support the allegations may include things like:

  • Bank records
  • Emails or text messages
  • Photographs
  • Social media posts

Presenting proof of adultery to the court may help the innocent spouse get more in the property division, equalization or alimony settlement. The law does not exclude it from something a judge can consider when ruling on these matters.

If you would like to read more about what happens during divorce, click here for more insight.