Emotions often run high during a divorce, especially if infidelity is involved. If your spouse cheated, you might wonder whether their actions will affect how things play out. Will it impact any aspects of your divorce?
In Washington, the short answer is probably not – at least not in the ways you might expect. First, Washington is a no-fault divorce state. This means you don’t need to prove your spouse’s bad behavior like cheating to get divorced. The court requires that the marriage is ‘irretrievably broken’ to grant a divorce.
Property division and infidelity
Washington courts divide marital property based on what’s considered fair and equitable, not who’s at fault for the marriage breakdown. In other words, whether your spouse cheated does not count when dividing the assets and debts you acquired as a couple.
However, if the unfaithful spouse used the marital funds in an affair, the court might adjust the property division to account for the misused funds.
The impact on child custody, support and spousal orders
When determining custody, the court’s main concern is their best interests. Cheating usually doesn’t affect custody or parenting plans unless it somehow impacts the parent’s ability to care for the child. For instance, if a parent’s affair creates an unstable or unsafe environment for the child, it could be a factor.
Similarly, cheating has little effect on child and spousal support orders. The court considers practical factors like each spouse’s income, financial needs and obligations to determine a fair arrangement.
While infidelity may not significantly impact pertinent legal issues surrounding your divorce, the emotional and financial complexities it creates can be overwhelming. Reaching out for informed guidance when your marriage is broken down is essential to protecting your interests and achieving a desirable outcome.
