How Adultery Affects Divorce in Massachusetts?

Although dealing with infidelity can be emotionally taxing, and judges can consider the parties’ conduct in light of it, judges generally only take it into account if there’s an impact on finances or children. With this in mind, here’s what you need to know about how infidelity affects divorce.

Adultery vs. Infidelity

You may wonder what the difference is between infidelity and adultery and whether cheating on your spouse is a crime in Massachusetts. First, adultery hasn’t been a crime in Massachusetts since 2018, when the law making it one was repealed. However, adultery can still play a role in a Easton, MA divorce.

As far as the language goes, you may hear the words adultery versus infidelity used interchangeably. Though the words are similar, there is a distinct difference.

Adultery is a term that can hold legal significance. Specifically, adultery describes sexual activity outside of the marital relationship, which, in some states (though no longer Massachusetts), is a crime. Infidelity, on the other hand, is a more general term describing cheating and could refer to non-sexual activity, such as emotional cheating.

No-Fault and Fault-Based Divorce in Easton

Adultery can play a central role in how a divorce unfolds, starting with the decision to file. In Massachusetts, adultery is one of the fault-based grounds you can cite when seeking a divorce. However, you’re not obligated to do so, even in instances of adultery, and can choose a no-fault divorce instead.

Deciding whether to cite adultery in your Massachusetts divorce is a strategic decision. It’s one you should make after consulting with a Easton family law attorney, given the advantages that can come with pursuing a no-fault divorce.

The Advantages of Pursuing a No-Fault Divorce Despite Adultery in Massachusetts

Opting for a no-fault divorce in Easton, MA can offer certain benefits, mainly because proving adultery requires evidence that could become part of the public record. Meaning anyone can know about it.

Also, if you file on only adultery grounds, you must actually prove the adultery in order to get divorced. Whereas if you file on no-fault grounds, there is no evidentiary threshold for the court to approve the divorce.

By choosing a no-fault divorce or exploring alternatives like mediation or collaborative divorce for conflict resolution, you can avoid the potential exposure, extra cost, and additional time needed in a contested fault-based divorce.

And if adultery is an issue that impacts the case, the judge can still consider that conduct, even in cases filed on no-fault grounds.

How Adultery Impacts Asset Division in a Easton Divorce

When dealing with finances in a divorce involving adultery, it’s important to understand how the affair may have impacted your shared assets. In Massachusetts, judges divide property based on what they believe is fair rather than splitting everything 50-50. This process is known as equitable distribution.

Property division considers many factors, including the offending spouse’s conduct during the marriage. Although the courts aim for fairness rather than punishment, adultery could still play a role in asset division, especially if the cheating spouse siphoned marital funds to support the affair.

Spending money on expensive gifts, pricey hotels, or travel for a lover could reduce the pool of assets available for distribution. In such cases, a judge might decide that the non-offending spouse deserves a larger share of the remaining assets.

To build your case, gather solid evidence, such as bank statements or credit card records, to show how the affair affected your finances. It’s helpful to keep your emotions in check and focus on the practical aspects, regularly assessing whether the effort and expense of collecting this information will likely pay off.

Work closely with your Easton, MA divorce attorney to determine your next steps, including requesting documents, filing interrogatories, or arranging depositions. This team approach will help you accurately assess the financial impact of adultery on your divorce and make informed decisions.

How Adultery Impacts Children, Child Support, and Child Custody in a Massachusetts Divorce

When it comes to issues involving children in a divorce, a significant consideration should be how the situation affects them. Adultery, by itself, typically doesn’t influence decisions about child custody or support. The courts focus on what is in the best interests of the child, and unless the adultery has a direct impact on those interests, it won’t usually be a factor.

In Massachusetts, both parents have the right to have custody of their children unless there is evidence of misconduct. While adultery might be considered misconduct, what truly matters is whether the behavior has harmed the child’s well-being. For example, if the adultery exposed the child to abusive behavior, led to child neglect (such as leaving a young child unattended), or caused a parent to become distanced from the child’s life, then it could influence custody decisions.

Child support determinations depend on a specific formula in Massachusetts, which considers the parents’ income, the number of children in the family, the time the children spend with each parent, and costs like health insurance. The purpose of support is to meet the children’s needs, not to penalize or reward either parent.

Therefore, adultery doesn’t directly affect who pays child support or how much gets paid. It might only have an indirect impact if the adultery led a judge, due to the reasons described above, to limit the adulterous parent’s time with the children. Less time with kids usually means higher support payments.

How Adultery Impacts Alimony in a Easton Divorce

In Massachusetts, alimony isn’t a given in a divorce. A judge will first decide whether it’s appropriate based on the details of each case. Adultery might influence alimony if there’s a significant difference in earning potential between the spouses, but that will depend on the parents’ individual circumstances.

Massachusetts law lists several factors that judges consider when determining whether to award alimony, including the amount and the duration. Adultery or fault is not one of them; Massachusetts removed the consideration of a spouse’s conduct from alimony decisions as part of its alimony reforms back in 2011.

Judges can still account for other relevant factors that are not explicitly listed when deciding alimony. Still, the focus is mainly on the financial aspects — like the dependent spouse’s need for support and the other spouse’s ability to pay support. So, in most cases, adultery or other fault-based issues don’t typically impact alimony decisions in Massachusetts.

The Hidden Cost of Adultery on a Massachusetts Divorce

Discovering an affair can have a deep emotional impact, often making the divorce process more challenging. Feelings of betrayal, anger, and grief can affect decisions about custody and support, leading to more disputes and potentially a high-conflict divorce. Dissension typically results in a longer, costlier divorce, as increased conflict often means higher expenses and extended timelines.

Adultery can also negatively impact the co-parenting relationship. Allowing your emotions about adulterous behavior to influence co-parenting can create a negative-charged environment for children. Focusing on their well-being is healthier than letting past grievances impact your interactions. Prioritizing your children helps maintain a positive co-parenting dynamic, vital for their stability and happiness.

When ending your marriage due to adultery, it’s best not to use the divorce process as a means to punish your spouse. Such an approach can escalate costs and stress, making the experience more difficult for everyone, particularly your children, who are caught in the middle. An uncontested divorce, a generally quicker, simpler, and less expensive route, tends to be a better option in these situations.

Consulting with a family law attorney is advisable if you think filing for divorce based on adultery might be beneficial. A skilled and experienced Easton family lawyer can evaluate your situation and guide you on whether a fault-based divorce is the right choice.

Legal support will be crucial for gathering and presenting the necessary evidence. For those accused of adultery, having vigorous and competent legal representation is likewise critical for protecting rights and achieving a fair outcome, regardless of the validity of the allegations.

How to Find a Easton Family Law Attorney to Help With a Divorce Involving Adultery

When adultery is involved in a divorce, hiring a skilled and compassionate family law attorney can be invaluable. At Farias Family Law, our team of experienced Easton family law attorneys can explain how adultery might affect asset division, custody, and child support in your case.

We can also help you navigate the complexities of your divorce to avoid common pitfalls, guide you through the divorce process, and support you in managing the financial and emotional challenges that inevitably come with a divorce involving adultery. Our highest priority is protecting your interests and achieving a fair resolution so you can move forward with your life. Call our office today.