GUILTLESS DIVORCE:
In the past, and private detectives had their hands full with alleged determinations of adultery.
Indeed, it was the case that a divorce was pronounced by the court only on the basis of the fault of one of the spouses.
Therefore, when adultery could be proven, the discussion was fairly quickly settled.
Nowadays there is the so-called “guiltless divorce.”
This means that to obtain a divorce, it is no longer necessary to prove the guilt of one of the spouses.
As divorce attorneys, we are then very frequently asked whether establishing adultery still makes sense.
IRREPARABLE DISRUPTION:
Indeed, nowadays it is enough to show that there is an irretrievable breakdown of the marriage to have a divorce granted by the court.
This irreparable disruption may be proven by all means of law.
However, even if there is no irreparable disruption, the court will be able to grant the divorce if both spouses agree.
If one of the spouses does not agree, the court will adjourn for one year.
However, if adultery is proven, the court will be able to grant the divorce immediately even if the other spouse does not agree.
ADULTERY AS A GRAVE FAULT:
Even if both spouses agree to divorce, it may be helpful to prove adultery.
This is particularly the case when the adulterous spouse intends to make a claim in personal maintenance.
The law provides that when there is serious fault on the part of the spouse entitled to maintenance, the court may refuse to award personal alimony.
Therefore, this is particularly the case when the spouse claiming alimony has been in an adulterous relationship.
If this can be demonstrated, in most cases the court will be able to be convinced to dismiss the claim in alimony.
ALLOCATION OF FAMILY HOUSING:
Often there is also discussion between spouses about who will be allowed to continue to occupy the family home after the divorce and possibly buy the family home from the other spouse.
In that case, too, it may be useful to appeal a finding of adultery.
After all, there is a very good chance that if adultery is proven to be chargeable to one of the spouses, the other spouse will be given the right by the court to remain in the family home.
It will be up to the adulterous spouse to leave the home.
Do you have questions about divorce?
With more than 20 years of experience, we are happy to help. Contact us!
Peterfreund & Associates, your divorce lawyer.
