Can Infidelity Be Used Against You in Divorce?


Can Infidelity Be Used Against You in Divorce?

infidelity and divorce

Despite the common belief that infidelity can cost you in divorce, judges in many states, including California, do not usually care about evidence suggesting infidelity, even if it is submitted. Judges rarely concern themselves with infidelity but rather with the welfare of any children the couple has or with the division of property. Even when spouses bring evidence of infidelity, it will not usually make a difference. The only time judges are concerned with infidelity is when it affects the welfare of the children of the marriage or its finances.

For example, if one spouse lies in a legal document about spending money on extra-marital affairs and the truth is revealed, his or her credibility could be called into question. In cases like this, spending on an affair could be considered “marital waste.” Marital waste is considered the frivolous or unjustified spending of assets by one spouse. Expenses such as gifts, hotel rooms or the like from the marital account would be an issue the judge would address. This type of spending is a mismanagement of property and evidence of intentional misconduct.

How Does Waste Effect the Division of Property?

In cases where one spouse wastes marital funds, the court could decide to adjust the allocation of resources. This means that the spouse who wasted funds may not receive as much in the divorce proceedings. If you have discovered that your spouse has wasted family funds on a lover or in any other way, it is important that you bring this to your divorce attorney’s attention. It is important to remember that marital funds are joint and not to be spent solely by one spouse.

How a Divorce Attorney Can Help

When facing divorce, there are many issues you will have to consider. It can be difficult and sometimes impossible to do this alone and receive a fair settlement. To ensure your rights are fully protected, be sure to seek the help of an experienced divorce attorney.

The attorneys at the Men’s Legal Center understand the unique issues men can face in divorce. We also understand that many men fear bias when it comes to division of property and child custody. We are here to ensure your voice is clearly heard and that you have the best case for fair distribution of property and child custody arrangements. Give us a call today to get started.

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