Infidelity can deal a real blow to a person’s marriage and is often a primary reason for divorce. However, not everyone who experiences infidelity in their marriages ends up getting divorced. This decision is a complex one to make, so it is important that couples have the facts around how cheating can affect a divorce so they can make the best possible decision for their needs.
One of the most common questions people have about divorce based on infidelity is whether the cheating spouse’s custody or property rights will be affected by the affair. The answer is generally “no.” In Arkansas, although infidelity is definitely a strong ground for divorce, the reason for the divorce, or “fault” is usually irrelevant to the way custody is awarded or how property is divided.
The exceptions to this can be that the cheating spouse spent a significant amount of marital money on the paramour, or the cheating spouse frequently abdicated parenting duties in order to carry on the affair, or he/she exposed the children to the affair in a way that was emotionally harmful. However, please note that the reasons an affair might affect the outcomes of custody or property division usually must be fairly significant.
If either party is unable or unwilling to do the work to preserve the marriage, a divorce may be the best possible option. Consulting with an experienced attorney can greatly aid an individual in making a more informed decision.