Adultery refers to the voluntary sexual intercourse by a married person with someone other than his or her lawful spouse. In most states, marital infidelity will not affect a spouse’s right to support or his or her entitlement to a fair share of the assets. However, sexual misbehavior may have an adverse effect on a party’s claim for primary custody. Particularly where a party is flamboyant in carrying on an extra-marital affair, or promiscuous in terms of the number of new partners, a court may think twice before granting child custody rights to the offending spouse.
In years past, adultery was considered a leading grounds for divorce. While it may be one of the main reasons that parties dissolve their marriages today, adultery trials are relatively rare in modern times. In fact, in many cases where adultery is present, the spouse who files the divorce may elect to pursue a no-fault ground for divorce. Adultery is considered a criminal offense under the Uniform Code of Military Justice; therefore, spouses in the armed forces should think twice before alleging such an offense as part of their divorce cases.
In most adultery cases, it is not necessary to prove that sexual intercourse actually occurred. It is sufficient to plead circumstantial evidence of the extra-marital affair. In court, the judge may accept emails, text messages, photographs or videos, phone records, bank statements, and credit card receipts as evidence that one spouse was likely committing adultery.
If you are in need of an adultery attorney, we can help. For more than 30 years, our principal lawyer Mark S. Guralnick has been fighting for his clients on all types of divorce cases throughout the country. If you are going through a divorce, and need an attorney, don’t wait much longer. Contact the Law Offices of Mark S. Guralnick now for a no-fee consultation.