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Divorce - Adultery May Be The Cause

When you file for a divorce, adultery does make it easier for the whole process to go through. When you cite adultery as your reasons for filing a divorce, you do need to have proof, especially if your spouse is contesting the divorce. The impact of discovering that your spouse has been unfaithful is devastating and the betrayed spouse feels that he/she will nerve get beyond it to make the marriage work. There are different laws concerning divorce depending on where you live.

In England, adultery can only be used as grounds for a divorce if there is irrefutable evidence that it has actually taken place. In the British court system, adultery is defined as “having sexual relations with a person of the opposite sex outside of the marriage”. This means that a man or women caught in a sexual situation with someone of the same sex cannot claim adultery. This situation would involve using the grounds of “unreasonable behavior” and amazingly enough, this is enough to grant an instant divorce.

In the United States, the law regarding adultery and divorce depends on the individual state laws. In California, you can have a no fault divorce without citing adultery. Instead, the grounds would be irreconcilable differences that have caused the marriage to break apart. You do not have to present any proof of adultery or unfaithfulness. In terms of family law in this state, there are other grounds that can come into play because of the affair. If the spouse that committed adultery used money that would otherwise be used by the family, misappropriation of funds could be cited.

There are twelve of the states that do have this no fault clause for getting a divorce. In eight states, there is a waiting period for this type of divorce in which the couple must be legally separated for a period of time and show that they have taken steps to mend the breach, but to no avail. In Utah, there is a five year waiting period for a no fault divorce. In states where adultery is considered to be a crime and carries a jail term, it is rare to cite adultery as the grounds for the divorce.

If you find that you cannot get past the infidelity and the only way out for both of you is through a divorce, you can avail of divorce counseling. This is not marriage counseling as it doesn’t make any effort to help you get back together. Rather it is a way of making the divorce a friendlier one, which is essential if there are children involved. Through the counseling you can get the help and support you need to get you through trying times. It will help you deal with emotional issues you have. This is also an opportunity to help you through the negotiation process of dissolving the family assets and deciding who gets what in the settlement. Whether you are filing for a divorce or just thinking about it, this counseling can be beneficial to everyone.