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Marital infidelity can trigger a complex variety of emotional and legal responses, fundamentally altering the course of divorce proceedings. This act not only strains personal relationships but also has significant legal ramifications. For those going through a divorce that has been complicated by infidelity, it’s important to understand the potential impact this situation might have on their divorce process.
Understanding Marital Infidelity
Marital infidelity, often perceived as a breach of trust within a marriage, encompasses a range of behaviors beyond physical relationships, including emotional affairs and online engagements. This understanding is important, as the legal definition may differ from personal perceptions. The gravity of infidelity in a legal context depends on specific state laws, which can influence the divorce process. Recognizing the types of actions considered infidelity and their potential legal implications is essential for anyone facing this challenging situation. It’s not just about the moral or emotional aspects; it’s about understanding how these actions translate into legal consequences within the framework of a divorce.
Legal Implications of Infidelity in Virginia and Maryland
In both Virginia and Maryland, marital infidelity can significantly impact the divorce process. In Virginia, infidelity can serve as grounds for a fault-based divorce. The court may reduce or deny alimony to a cheating spouse, considering infidelity as a factor against them. However, the division of marital property remains primarily influenced by factors other than the spouse’s misconduct unless the financial situation of the marriage was directly impacted by the affair. Infidelity is not as likely to influence custody arrangements and visitation since the court is guided in these decisions by the best interest of the child, and adultery is not one of the factors that is to be considered.
Maryland does not recognize adultery as grounds for divorce, but a divorce can be based on “irreconcilable differences,” and infidelity could be used to demonstrate irreconcilable differences. As in Virginia, the adulterous behavior might affect alimony decisions, with guilty parties possibly facing disadvantages in spousal support determinations. Maryland courts typically do not let infidelity affect the division of property unless marital funds were used to support the affair. In addition, an affair should not impact child custody and visitation decisions. As in Virginia, courts prioritize the best interests of the child over parental behavior unless the infidelity directly harms the child’s well-being.
Practical Steps if Infidelity Affects Your Divorce
If infidelity impacts your divorce, taking practical steps is important for protecting your interests. First, gather tangible evidence of the affair, such as texts or emails, but make sure this is done legally to avoid violating privacy laws. Consult with a knowledgeable attorney to understand how the infidelity may influence your case in terms of alimony, custody, or asset division. Avoid making impulsive decisions driven by emotion, as these can negatively affect the outcome. Instead, focus on strategic planning and clear communication with your legal counsel to navigate the divorce process effectively while safeguarding your rights and well-being.
Contact an Experienced Divorce Attorney in Maryland & Virginia
Randall J. Borden offers compassionate and skilled legal guidance to navigate the complexities of divorce, especially when infidelity is involved. His approach is tailored to protect your interests and achieve the best possible outcome. Contact us for a consultation to explore your options and start moving forward.