Fault Isn't Necessary
The Effect on Your Divorce
So, if you're the scorned partner, don't anticipate the divorce court to penalise your cheating ex; and if you're the one who had an extramarital affair, don't worry about getting the short end of the stick during the divorce procedures because of it. Extramarital activities aren't taken into account while dividing assets or determining a parent's ability to care for their children.
Your Children's Harm
There is one exception to the usual rule that an affair has no bearing on child custody issues, and that is when the parent's affair has a direct influence on the children. Please keep in mind that this does not apply to how your divorce affects your children; while the affair may have led to the divorce, and the divorce does affect your children, this is considered indirect harm.
If your spouse has spent marital funds on their affair partner, this could also have an impact on your divorce. While you may be tempted to sue your spouse for every dollar spent on their companion, proving dissipation is time-consuming, costly, and tiresome. The money spent on the affair partner (for dinners, hotel rooms, gifts, and so on) is usually so small that it isn't worth your time to pursue it.
If you suspect your spouse of spending a significant amount of money on their affair, having your lawyer go through your spouse's credit card bills and bank records may be worth the time and money. If your husband, for example, took their affair partner on an exotic vacation, purchased them an expensive automobile, or paid for their rent and other living expenses, you may be able to retrieve those funds during the divorce process. If you want to go down this road, talk to our divorce lawyers about how we and our team of forensic accountants may assist you.