Many factors contribute to a divorce. Adultery is often a big one. Infidelity often has a destructive, devastating effect on a marriage. It’s a huge breach of trust. In many cases, perhaps even most, if one spouse is caught having an affair, that’s it- call it a day.
Besides the catastrophic impact on your relationship, how does cheating affect the actual divorce process? Although Oregon is a no-fault divorce state, in some circumstances, it may affect property division, spousal support, and child custody. The state doesn’t care whether or not the affair led to divorce.
However, if marital funds were used on lavish gifts, or someone forgot the kids at daycare due to an illicit afternoon tryst, you may see the adultery affect is asset division, spousal support, and child custody.
Does Adultery Affect Divorce?
Depending on where you live, adultery may or may not play a part in your divorce settlement.
In certain states, adulterers can’t receive spousal support after a marriage ends. In other cases, it affects property division.
North Carolina, for example, even has “homewrecker” laws. In one, a man sued the man with whom his wife cheated. The courts awarded the plaintiff $750,000.
From a divorce perspective, the consequences vary greatly from state to state. But here’s what adultery may mean for your settlement if you live in Oregon.
Related Reading: How is Debt Divided in Oregon?
What Is A No-Fault Divorce?
Before diving in, it’s important to understand no-fault divorce. And to know that Oregon is a no-fault divorce state.
What that means is fairly simple:
- You don’t need grounds for divorce.
- And no specific criteria must be met.
Basically, you don’t have to prove either spouse caused the marriage to fail. All that’s required is for one party to declare “irreconcilable differences,” with no hope of resolving these issues, and the state will grant a divorce.
There are no “innocent” and “guilty” parties. As long as you are legally married, meet Oregon’s residency requirements, and follow the proper procedures, you’ll get a divorce.
Because of this, whether or not one spouse cheated often proves largely irrelevant when it comes to ending your marriage. Legally, the why isn’t the important part of this equation.
The key element is that one party wants to end the union. That doesn’t necessarily mean infidelity doesn’t factor into the process at all, as it can impact other areas. However, how much it matters varies case by case.
Related Reading: How Long Does Divorce Take in Oregon?
Adultery and Property Division
Since Oregon is a no-fault divorce state, adultery has no bearing on whether or not you will be granted a divorce. Unless it directly relates to a decision the court must rule on, you may not even be allowed to testify about your spouse’s wrongdoings.
One place where adultery may play a part is when it comes to the division of property in the divorce settlement. Emphasis on the word “may.”
This usually only happens when cheating directly impacts the financial circumstances of one party. For example, if an affair incurred expenses.
Did your ex rack up extensive travel and hotel fees? Did they empty shared bank accounts to buy significant gifts? In cases like these, the court may consider adultery when dividing assets.
Even so, it can be difficult to prove in court.
Related Reading: How Oregon Divides Property in Divorce
Adultery And Spousal Support
As with property division, we rarely see cases in which adultery affects spousal support awards.
Proving financial hardship as a result of infidelity can be tough. You must show the impact in concrete terms for the court. However, this happens in some cases.
If you can show that your spouse drained your savings during an affair. Perhaps infidelity led directly to a large debt. In those situations, the court may order temporary spousal support.
Another situation is if cheating caused significant emotional distress. If it affected your ability to work and hold a job, that might also play a role, though tangibly demonstrating it is often difficult.
Related Reading: How Is Spousal Support Calculated in Oregon?
Adultery and Child Custody
Exactly how much, if at all, does adultery factor into decisions regarding child custody in Oregon?
Much like in other areas, for this to have a significant influence on guardianship and visitation, you must show that cheating directly impacts one party’s ability, or inability, as a parent.
Perhaps you can prove that, because of an affair, one spouse showed a pattern of neglect. Did your ex choose infidelity over parental duties? Did they forget to pick up the kids at soccer practice? The court may consider that when deciding custody.
Again, you must concretely show that a spouse’s adultery impaired his or her ability as a parent. If not, you may not be able to present it as relevant information in the case at hand.
This door also swings both ways. While you hope to demonstrate that infidelity impacts your ex’s capacity to care for a child, your ex may attempt to show that it does not.
As traumatic and damaging as adultery can be to a marriage, and as great an impact as it can have on the state of the relationship between two people, it may not have a massive effect on your actual divorce proceedings.
If you demonstrate a definite, causal connection between infidelity and things like financial hardships or parenting ability, the court may consider it.
If not, it usually has much less influence than you might initially expect.
Related Reading: The Cost of Divorce: What You Should Know