Adultery is one of the most common reasons that people decide to divorce. Violating the marital vow of fidelity can damage the trust in the relationship and cause irreparable damage to the bond between the spouses.
When one spouse learns that the other has been unfaithful, they may hope to pursue vindication in the family courts. Especially if they belong to a religion that frowns on divorce, they may worry about taking the initiative to file for divorce. Being the one to file could damage their reputation or lead to others assuming that they were the one to blame for the breakdown of the marital relationship.
While most divorces in Indiana are no-fault filings, the state does allow for fault-based divorces under certain circumstances. Can those who discover adultery in Indiana pursue an infidelity-based divorce?
Adultery is not grounds for divorce
Although Indiana does recognize impotence, incarceration and incurable insanity as grounds for fault-based divorces, adultery is not a legal justification to file for divorce while blaming the other spouse. Those filing for divorce because they discover adultery typically only have the option of a no-fault divorce pursued on the basis of an irretrievable breakdown of the marriage.
The no-fault filing often prevents the courts from giving much weight to allegations of marital misconduct when setting terms for the division of marital property or child custody. The one time when infidelity could affect the economic terms of a divorce is when the person who cheated wasted marital income or accrued debts during the marriage to conduct their affair. People often spend hundreds of dollars monthly hiding their infidelity from their spouses.
In that situation, the spouse filing for divorce can present the courts with evidence of the inappropriate spending. The courts can exclude debts taken on for the purpose of conducting an affair from the marital estate, making them the responsibility of the unfaithful spouse.
They can also factor in the waste of marital income or the decision to gift marital property to an affair partner when dividing the marital estate. Adultery generally does not impact child custody terms, as the courts focus on the best interests of the children rather than the marital misconduct of the parents.
Sitting down to discuss one’s situation with a family law attorney can help frustrated spouses understand their rights. Those who understand Indiana’s approach to divorce can push for the best terms at the end of a marriage.
