Role of past adultery in Divorce Procedure

Role of past adultery in Divorce Procedure

The major cause of many divorce cases is adultery. Another important factor which results in divorce apart from marriage is financial issues. The legal issues concerning adultery and divorce vary according to the region. It involves extra legal proceedings if adultery is taken as the cause for the divorce. Divorce can be granted to the couple if the adultery charges are proved.

These trail proceedings are for confirming adultery. In order to get the divorce procedures granted adultery has to be proved. The legal definition of adultery also varies from country to country. In the ancient period also it is considered as a crime in many countries.

In some states, adultery can be utilized as the common ground for ending the marriage. It is also considered as a crime in some states. Individuals who are convicted on the charges of adultery are subject to punishments such as put to death or imprisonment.

If the charges against adultery are proven then the other spouse will be emotionally hurt and angry. It also affects the divorce process such as the other party would be less cooperative on the issue of the equal distribution of maintenance, marital property and custody of the children.

Therefore, it is highly recommended to enter into a new relationship only after getting divorced. Apart from these, before listing adultery as the main reason for filing divorce papers it is necessary to consult a lawyer. A lawyer will clearly explain you the merits and demerits of listing it.

In some states, there is a provision known as no-fault states where the divorce can be sought just by listing that there is no compatibility with the spouse. There is no need for specifying the reason.

The custody of children is not affected even if the spouse has started off with a new relationship before getting divorced. The custody judgments may as also vary according to the case. In case of minor children custody, the decision is taken keeping in mind the best interest of the children. Hence as long as the spouse accused of adultery is a good parent, there are no problems for the custody of the child.

One of the major effect of listing adultery is it affects the entire process of negotiations that are done between the two parties during the divorce procedure. Unfortunately it has become a part of the society. It is highly a personal decision to opt for listing for adultery as the cause of adultery for divorce. Before, taking the final decision, it is advisable to be well informed about the consequences and then go ahead with it. Otherwise, it will lead to many more problems and along with the distress of breaking up with your partner. It may result in many painful and negative emotions for the innocent partner.

Thus, the above mentioned information clearly specifies the role of adultery in divorce. It also informs about the various aspects which are to be considered while listing adultery as the ground for ending the marriage.

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