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Does Adultery Affect Divorce in Pennsylvania?

By Sheryl Rentz on November 15, 2024

Adultery can be a significant factor in divorce cases in Pennsylvania, but its impact varies depending on the circumstances. While Pennsylvania divorce law provides for both no-fault and fault-based divorce, adultery can influence various aspects of the process, including property division and alimony.

What Is Adultery in Pennsylvania Divorce Law?

In Pennsylvania, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. If you are seeking a divorce based on adultery, it falls under the category of a fault-based divorce. Fault-based divorce allows one spouse to file for divorce due to the misconduct of the other, including adultery.

However, not all divorces in Pennsylvania are fault-based. In fact, many divorces are filed under no-fault grounds, meaning that neither party is at fault for the dissolution of the marriage.

No-Fault vs. Fault Divorce in Pennsylvania

You can file for divorce in Pennsylvania based on no-fault grounds or fault grounds, with adultery being one of the main reasons for filing a fault-based divorce. No-fault divorce allows a spouse to file for divorce by claiming that the marriage is irretrievably broken, while fault divorce requires evidence of marital misconduct, such as adultery, abandonment, or cruelty.

Choosing a fault divorce may impact the outcome of the divorce in certain situations, such as property division, alimony, and custody arrangements. However, even in a no-fault scenario, evidence of adultery in divorce can still influence specific aspects of the settlement.

How Does Adultery Impact Property Division in Pennsylvania?

In Pennsylvania, equitable distribution means that marital property is divided fairly but not necessarily equally. The court takes into account various factors, including the contribution of each spouse to the acquisition of property during the marriage. While adultery itself does not automatically result in a different property division, it can still have an indirect impact.

If one spouse’s adultery led to the dissolution of the marriage, the court might consider this when deciding how to divide property. For instance, if the adulterous spouse spent marital funds on their affair, this could potentially affect the division of assets. In such cases, the court may allocate a larger portion of the property to the non-adulterous spouse.

Can Adultery Influence Alimony or Spousal Support?

Alimony and adultery can also be interconnected in a Pennsylvania divorce. While adultery is not a direct factor in determining whether alimony should be awarded, it can influence the amount of alimony awarded.

When a judge is deciding whether alimony is appropriate, they will look at several factors, such as the length of the marriage, the financial needs of the spouses, and the ability of the paying spouse to support the recipient spouse.

If one spouse’s adultery led to the breakdown of the marriage, it might also be considered in this determination. For example, if the adulterous spouse’s behavior was egregious or caused significant emotional or financial harm, it might affect the amount or duration of spousal support.

Does Adultery Affect Child Custody and Support in Pennsylvania?

Child custody and adultery in Pennsylvania can be a sensitive subject. While the courts do not automatically assume that an adulterous spouse is unfit to parent, adultery can affect custody and support if it can be shown that it negatively impacted the children or the home environment.

When Could Adultery Affect Custody or Support?

In custody determinations, Pennsylvania courts prioritize the best interests of the child. Thus, if adultery leads to a toxic or unstable environment for the child, it could impact custody decisions. For example, if the affair resulted in a high level of conflict or involved a situation where the children were exposed to inappropriate behavior, the court may consider this when determining custody arrangements.

When it comes to child support, adultery typically does not directly affect the amount of support awarded. Child support is generally based on both parents’ incomes and the needs of the child, regardless of marital misconduct.

How to Prove Adultery in a Pennsylvania Divorce

In order to file for a fault-based divorce in Pennsylvania, you must be able to prove that adultery occurred. Adultery evidence in divorce can include testimony, witness statements, or other documentation such as text messages, emails, or photos that show the spouse’s infidelity.

It’s important to note that proving adultery in divorce can be challenging. If you are considering a fault divorce due to adultery, it’s advisable to work with an experienced divorce attorney who can help gather the necessary evidence and guide you through the process.

How a Divorce Lawyer Can Help Prove Adultery

An experienced divorce attorney in Montgomery County can assist in collecting evidence, interviewing witnesses, and handling any legal challenges that arise when proving adultery. Your lawyer will also advise you on whether pursuing a fault divorce is in your best interests or whether a no-fault divorce might be a more effective approach.