Adultery is one of the most common reasons that people decide to file for divorce. Whether one spouse had a one-night stand or engaged in a protracted extramarital affair with a co-worker, the other spouse is unlikely to feel secure in the relationship after the infidelity.
Those initiating divorce because of an affair often hope that the courts can provide them with justice for the wrongs that they have experienced. Can one spouse’s cheating have an impact on divorce proceedings?
Washington only allows no-fault divorce
The unfortunate reality for those coming to terms with a spouse’s infidelity is that the family court system pays little attention to the underlying cause of divorce. Washington does not allow for any fault-based divorce proceedings.
Every divorce granted in Washington currently is a no-fault divorce pursued on the basis of irreconcilable differences. No-fault divorce proceedings require that judges look at marital circumstances but not marital misconduct when dividing property.
Misconduct also has no bearing on child custody arrangements. While people can theoretically argue that infidelity indicates a lack of moral character and that the cheating spouse could expose their children to unstable people, the courts don’t consider adultery when deciding how to allocate parental rights and responsibilities.
For the most part, people have to accept that the family courts may not provide them with any sort of closure or vindication despite obvious violations of their marital vows.
There are a few exceptions
Those seeking justice and a divorce after uncovering infidelity do have a few options available to them that can help give them closure. Frequently, those conducting extramarital affairs spend quite a bit of money on their dalliances.
A thorough review of finances could help verify that certain debts are the result of cheating or that one spouse squandered a significant amount of marital assets or income while conducting their affair. Provided that there is clear documentation of that financial misconduct, the courts can consider the dissipation of marital property during adultery when dividing assets.
The other exception relates to child custody. In scenarios involving an ongoing affair with one person, the courts may consider imposing limitations on custody arrangements if the affair partner is dangerous.
Someone with concerning criminal convictions or a history of having children removed from their home is not someone who should have access to minor children. Unless one of these two extenuating circumstances applies, adultery unfortunately has very little impact on divorces in Washington.
Knowing what to expect during the divorce process can help people set reasonable priorities and goals. For those recovering from discovering infidelity, living well in the future might be the best revenge possible.
