Learning that your partner has been cheating on you can be incredibly devastating news. Adultery is defined as a person having sexual relations with someone who is not his or her spouse. While this is a strict definition of adultery, sometimes individuals learn that their partner was having an emotional affair with someone else. This can sometimes be just as devastating, if not more so. Discovering that your partner has cheated on you or otherwise stepped out of the marriage can raise all kinds of emotions, like anger and jealousy. You may be thinking about getting divorced if your partner had an affair.
Ballard Law, PLLC is a divorce lawyer in Jackson, Mississippi who helps couples who might be navigating a range of divorce questions following the discovery of a partner’s cheating. For example, in Mississippi, you can choose to file for “fault” or “no fault” divorce. If adultery was a reason for your divorce, you might be able to file for “fault-based” divorce in Mississippi. But is it always a good idea to do so? In the immediate aftermath of discovering an affair, emotions might be running high. It can be wise to take a step back. While divorce is a highly emotional decision, decisions like dividing finances, alimony, child custody, child support, and handling debts should be made with a clear head. Ballard Law, PLLC is a family lawyer in Jackson, Mississippi who can help you understand the consequences of adultery on your divorce. Mississippi is one state where adultery can have an impact on your divorce.
How Adultery Can Impact Your Mississippi Divorce
There are several ways that adultery can impact a divorce. Ballard Law, PLLC is a family law attorney in Jackson, Mississippi who can review various aspects of your case to help you understand what might be the best course forward. What are some ways that adultery and cheating can impact your Mississippi divorce.
- You may have a fault-based divorce. While a couple can still choose to file for “no-fault” divorce after cheating or adultery has been discovered, if your partner can prove you cheated, or if you can prove that your partner cheated, you may have a “fault-based” divorce case. This designation may or may not impact other aspects of your divorce, like child custody, alimony awards, and division of assets. Generally, with a “fault-based” divorce, the reason for your divorce will be public record. Some couples choose to settle their divorce cases in private to avoid having to discuss an adultery in court. However, every case is unique.
- Dissipation of Assets. One of the biggest questions that might arise if your partner cheated on you is whether your partner spent marital assets on a new partner. This can have an impact on your divorce settlement. For example, if it comes to light that your partner spent marital funds on vacations, jewelry, dinner, gifts, or other assets, you might be entitled to recoup this money through your divorce settlement. Ballard Law, PLLC is a divorce lawyer who may be able to help you seek any funds your partner may have spent on someone else. Of course, this entails first determining which assets are marital assets and which assets are separate assets. It also entails determining how much money a cheating spouse spent on an adulterous relationship. Some investigation may need to be performed.
- Child Custody Issues. If have concerns about your spouse’s new partner spending time with your children, this may need to be addressed in your child custody agreement. While the courts tend to favor having the children spend time with both parents, it is up to the child’s parents to determine when and where it is appropriate for the children to meet new partners. Child custody issues can get especially complex if your former spouse’s new partner has proven abusive, has shown tendencies toward violence, or does drugs or alcohol. If this is the case, Ballard Law, PLLC is a family law attorney in Jackson, Mississippi who can help you take important steps to protect your family and children.
- While a judge will generally consider many factors when determining alimony, and while alimony isn’t meant to punish a spouse for adultery, judges in Mississippi are permitted to consider wrongdoing when making alimony decisions. If your spouse’s actions resulted in financial or emotional damage, this may be a factor when a judge considers alimony.
These are just some of the ways that adultery can impact your divorce. Ballard Law, PLLC is a divorce lawyer in Jackson, Mississippi who can help you understand how a partner’s cheating or adultery will impact other aspects of your divorce. Divorce following a partner’s adultery can be highly emotional. It can be useful to have a lawyer on your side to help you understand your legal rights and responsibilities. USAttorneys.com can connect you with the family law attorneys at Ballard Law, PLLC today.