WILL CHEATING AFFECT MY DIVORCE CASE?
May 21, 2022
Discovering that your partner is having an extra-marital affair can be painful and emotional. In fact, adultery is among the common reasons for marital breakdowns and divorce in Kansas. If it eventually results in marital dissolution, the aggrieved spouse may want to know how cheating affects the terms of their divorce. A knowledgeable Kansas family law attorney can help you understand how adultery affects the outcome of your divorce case and other martial issues.
For over four decades, Jeffers Law Office has been providing outstanding legal services and guiding individuals and families in family law and divorce-related matters. He's available to discuss your unique situation and enlighten you about the effects of adultery on divorce matters, including alimony, asset division, child custody, and child support. The firm is proud to serve clients across Overland Park, Olathe, Lenexa, Shawnee, Leawood, and Prairie Village, as well as throughout Johnson County, Kansas.
Adultery and Divorce in Kansas
Kansas is a hybrid fault state. Both no-fault and fault divorces are allowed in the state. This means that you can seek a divorce based on no-fault grounds or by proving that your spouse's bad behavior or actions led to the marital breakdown.
According to Kansas law – Kansas Statute Section 23-2701 – a decree of divorce shall be granted by the discrete court on any of the following grounds:
Incompatibility ('no-fault' grounds)
Failure to perform a material marital duty or obligation (fault ground)
Incompatibility by reason of mental illness or mental incapacity of one or both spouses (fault ground)
Though, adultery isn't one of the grounds for a fault-based divorce in the state of Kansas. However, cheating may still factor in when determining divorce-related matters under certain conditions.
Ways that Adultery Might Factor In
As mentioned earlier, adultery isn't among the acceptable grounds for getting a fault-based divorce in The Sunflower State. Hence, in a typical divorce situation, cheating may not affect the important divorce matters, including equitable property distribution, child support, child custody, alimony, or other divorce issues, unless under any of the following circumstances:
Spousal Support: Adultery may be considered when awarding alimony in Kansas in situations where the marital misconduct is so gross and extreme that the failure to penalize the unfaithful spouse would, therefore, be considered inequitable or unfair to the faithful spouse.
Dividing Assets: Also, when dividing marital property, the Kansas courts may consider adultery if there is sufficient proof that the cheating spouse spent large sums of the couple's finances and assets on funding trips, vacations, buying expensive items, jewelry, and other luxury goods for the secret lover – mistress or boyfriend.
Child Custody/Support: In most Kansas divorce cases, cheating doesn't directly affect child support or custody. However, when awarding custody, the court will prioritize the child's best interests. Therefore, when a parent's unfaithful or adulterous behavior compromises the safety or health of their child, it could certainly affect the decision of the judge when awarding custody.
However, every divorce is unique. An experienced attorney can walk you through every step of the divorce proceedings and work intelligently to protect your rights and your family’s future.
Legal Advocacy You Can Trust
Filing for divorce in Kansas usually involves several complexities. Especially when your partner cheated on you, dividing marital property, establishing alimony, child support, and custody arrangements, or negotiating a divorce settlement with such an unfaithful spouse can be complicated and difficult. Therefore, you need to speak with a knowledgeable divorce attorney to help protect your best interests and navigate crucial divorce decisions.
Jeffers Law Office is dedicated to providing experienced legal counsel and brilliant advocacy to clients in complex divorce cases involving adultery. As your legal counsel, Mark can review every detail of your personal situation and enlighten you about the divorce options that are available to you. Using his extensive knowledge, Attorney Mark Jeffers will work diligently with you and your partner to negotiate a fair divorce settlement and help settle other divorce-related issues amicably and productively.
If you are considering a divorce and want to know how infidelity will affect the terms of your case, contact Jeffers Law Office today to schedule a free initial telephone consultation. Attorney Mark Jeffers can offer you the detailed legal support and guidance you need in your case and make sure you come out financially stable. The firm proudly serves clients across Overland Park, Olathe, Lenexa, Shawnee, Leawood, and Prairie Village, as well as throughout Johnson County, Kansas.