Adultery in a Pennsylvania Divorce

By Sheryl Rentz on August 5, 2015

A divorce is a life changing event in anyone’s life, regardless of what the cause of the demise of your marriage was. Studies show that two out of three marriages ended after one spouse had been caught being unfaithful. Roughly 30 to 60% of married individuals will engage in infidelity at some point. Many consider this the worse possible violation of marriage vows and proof of a marital breakdown. You may want to know whether the affair affects your legal rights. Contact our office today for a free consultation with an experienced Montgomery County PA divorce lawyer who can help you.

It may surprise many, but in some states it is possible to sue your spouse for having an affair. In Pennsylvania adultery is taken very seriously in divorce proceedings. Pennsylvania is one of the states in the US that allows spouses to seek “fault” divorces, letting the courts consider if the spouse’s misconduct relates to the divorce. The spouse who committed adultery that lead to a divorce may not be eligible for alimony or could receive a smaller portion of the family assets.

Infidelity must be proven for alimony and assets to be affected. The evidence can’t be speculative. It is important to be able to provide names, dates, and places your unfaithful spouse was to prove your case. You must also prove that your spouse’s affair caused the divorce.  Even though adultery can impact your family negatively, it’s important to know that adultery rarely effects custody, visitation, and child support.

Divorce is stressful enough without letting unforeseen issues complicate an already difficult process. Contact the Law Offices of Sheryl R. Rentz today at (610) 645-0100.