If Cheating is Involved in My Indiana Divorce, Will It Affect My Divorce Outcome? </h2?

So, many times, emotion rages when adultery is a contributing factor in your divorce. You may want to make your spouse pay by taking the house, car, the kids, and more, but that may not be possible.

Indiana divorce laws typically do not provide ways for a judge to make a cheating spouse pay any infidelity penalty.

Indiana is primarily a “no-fault” divorce state. Therefore, if infidelity is cited as the primary reason for your divorce, it does not need to be proven. However, the conduct of either spouse (including infidelity) may still be a consideration in certain aspects of your divorce settlements.

As an example:

  • In the dividing and dissipation of assets – Let’s say your spouse not only cheated but also spent significant amounts of money on their affair (for gifts, travel, etc.). The court could view this as the dissipation of marital assets. So, the cheating spouse who spent the money may be required by the court to make up for the loss; the cheating spouse could receive a smaller share of your marital assets.
  • The negative impact on the relationship – Infidelity can disastrously impact your marriage and the overall dynamics of the family, including the other spouse, children, etc. This dire and emotionally distressing impact could influence how assets are divided, especially if the cheating spouse’s actions caused significant emotional (or physical) harm.

You must note that no divorce is commonly straightforward, and neither are the Indiana divorce laws. Therefore, interpretation is often involved, and your divorce lawyer’s skill, experience, and negotiating expertise will consistently help to protect your rights and financial future.

What Is the Meaning of a No-Fault Divorce State?

Indiana still recognizes both “no-fault” and fault-based divorces; however, “fault” divorces are relatively rare. To proceed with a no-fault divorce, one spouse only needs to claim that their marriage is irretrievably broken.

Alternatively, you could file a fault-based divorce, but currently, under Indiana law, only three conditions will apply, they are when one spouse;

  • Is convicted of a felony sometime during your marriage
  • One spouse is impotent.
  • A spouse has suffered from a severe and incurable mental condition for two years or more.

So, even though infidelity is traditionally still considered marital misconduct, it is not recognized as a ground for divorce in Indiana. Therefore, the state judges, in almost all cases, will not consider evidence or testimony about infidelity when they are deciding whether to grant your divorce or, in most of the settlements, that must be agreed on.

Are There Any Ways That Adultery Could Impact the Alimony I Pay?

Even if the state’s judges don’t commonly consider adultery when ruling on your divorce, they may still, at times, consider marital misconduct when making decisions about alimony payments.

The Indiana Supreme Court has ruled that any judge considering alimony could consider marital misconduct. However, this law is limited, and Indiana judges usually can’t apply the laws unfairly or discriminate based on a spouse’s gender.

Indiana divorce law does prohibit spouses who are having domestic disputes (divorces, alimony disputes, or child custody issues) from identifying any third parties who may have been involved in an affair.

Simply put, if you’re a wife who is divorcing her husband because of infidelity, you cannot name the person with whom her husband cheated in any of the divorce or alimony filings.

Awarding alimony can be a complex legal matter for a judge. Although the spouse’s adulterous actions may occasionally be considered, more relevant financial issues typically take precedence.

More importantly, the judges have a variety of facts and laws to consider when deciding whether to award alimony, what type to award and for how much and how long.

Awarding alimony is a give-and-take situation, and in almost all cases, the persistence, diligence, and negotiating skills of your divorce lawyer will be invaluable in getting you what you deserve.

What Issues May be Affected if Adultery is Involved in My Divorce?

Although infidelity may not be used as a reason for divorcing, it can still have a significant influence on other aspects of your divorce, such as equitable distribution of property.

The courts will consider all the facts regarding the use of marital assets before awarding what they deem fair to each spouse. For Example, if one spouse wastes marital funds or spends marital property in a way that violates the other spouse’s rights, such as using marital assets for extramarital affairs. Therefore, if you and your divorce lawyer prove your spouse used your matrimonial assets to fund their affair, you may receive more in the divorce settlement agreement.

In Indiana, all child custody decisions are made based on the child’s best interests. The court focuses singularly on factors such as each parent’s ability to provide a stable and supportive environment. Although infidelity, on its own, will not determine custody, in the hands of a professional divorce lawyer fighting for your rights, it could influence the court’s assessment if the infidelity negatively affected your child’s well-being.

Although infidelity on the part of either spouse, even though it is not direct grounds for divorce, can shape many of the dynamics of how your divorce proceeds. Therefore, proving your partner cheated during your marriage can potentially influence the outcome of your divorce settlement regarding the distribution of property, debts or custody, and parenting time.

Whether you or your spouse has had an affair, professional, experienced, and empathetic legal guidance will always help to safeguard your and your child’s interests.

Infidelity Has Impacted My Marriage, and I Will Divorce; How Should I Proceed?

The discovery of infidelity in a marriage affair is a highly detrimental betrayal that can lead to trauma responses in most people’s lives. Emotions can rage when adultery is involved and make it difficult, and sometimes impossible, to divorce issues. Even if infidelity has no principal legal value, it can undoubtedly complicate divorce proceedings for all concerned.

Suppose you are unsure of how to proceed after finding out your spouse has cheated. In that case, you must obtain a compassionate, experienced, and knowledgeable divorce lawyer who will vehemently fight for your rights and future.

The experienced and well-versed divorce lawyers at the Law Offices of Deidra Haynes LLC are deeply familiar with all aspects of family law and have a successful and winning history of fighting diligently and relentlessly for your rights and future.

Call them today at 317-785-1832 and obtain the professional advice and empathetic guidance you need to start down the path to a fresh, new, and fulfilling future.