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Can Adultery Impact My Divorce?

Can Adultery Impact My Divorce?

Different states have different laws regulating the divorce process, making it difficult to know how to proceed with your divorce. One common question in divorces that involve infidelity is, "will adultery impact my divorce?"

Today, we're exploring the question of how adultery could impact your divorce moving forward.

To schedule a consultation with our team, contact us online or via phone at (702) 996-6052.

Will Adultery Change How the Court Handles My Case?

The short answer to this question is simple: No.

Nevada is a no-fault divorce state. That means you don't need to cite any grounds other than "irreconcilable differences" to file for your divorce. However, in states that still use fault divorce (such as Texas, for example), adultery can indeed impact the terms of your divorce.

Because Nevada is a no-fault divorce state, the court won't permit you to seek divorce on a ground other than irreconcilable differences, meaning you can't seek a divorce on the basis your soon-to-be-ex committed adultery. Similarly, the court won't consider any allegations of adultery when ruling on the divorce or spousal support (otherwise known as alimony).

However, adultery can impact two divorce-related processes: Property division and child custody.

  • Adultery and child custody. Committing adultery in and of itself will not impact a child custody arrangement. However, if an individual commits adultery and shows themself to be an unfit parent in the process (for example, bringing over their new partner without the knowledge of the child's other parent or neglecting their child to commit infidelity), that can impact the court's decision in the child custody case.
  • Adultery and property division. If an individual commits financial misconduct as a result of adultery (such as using money in a joint bank account to buy a gift for their new partner without the permission of their spouse), that could impact the property division process.

Since property division encompasses a major part of the divorce process, adultery often does change the outcome of a divorce, even if it can't be used as grounds for filing.

At Leavitt Law Firm, our Las Vegas divorce lawyers work with you to seek an optimal outcome in your divorce case.

To schedule a consultation with our team, contact us online or via phone at (702) 996-6052.

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