The Impact of an Affair on Your Divorce Case

Many people consider divorce after discovering a partner’s affair. As a salt lake city divorce lawyer, the Christensen Law Firm and I have represented numerous clients whose marriages ended due to infidelity. This includes representing clients on both sides of the equation. Often, clients want to know whether cheating impacts issues like alimony, custody, and child support.

In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.

Building a Divorce Case Around Evidence of an Affair

Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support.

Finally, whatever side of the infidelity you find yourself on, it is helpful to discuss your options with an attorney. We can help you

  • understand the law
  • get a sense of what kind of support you can receive
  • and custody entitled to you in the divorce.
Heidi RogersThe Impact of an Affair on Your Divorce Case