Many people would consider one of the biggest betrayals in any marriage to be infidelity. Adultery often destroys not only the marriage, but the family as well, and one party often files for divorce. Most divorces in Utah are considered to be due to irreconcilable differences, but the fact that one spouse broke the couple’s wedding vows can still affect the outcome of the proceedings.
You may list infidelity as a grounds for divorce when you file. However, doing so puts a burden on you to prove that your spouse cheated on you in order to obtain a divorce. This is why many attorneys will recommend listing irreconcilable differences as the cause for your divorce. However, that does not mean that the fact that your spouse committed adultery will not play a factor in your divorce.
This is because infidelity does not need to be listed as a grounds for divorce in order to be a consideration when the court is deciding issues such as alimony and parenting time. In fact, Utah law allows adultery to be a factor in the determination of alimony. In some cases, a good deal of the couple’s money may be spent on conducting an affair. This is just one of the factors that a judge may consider when it comes to alimony.
Ending a marriage is often emotional, but those emotions can run even higher when the cause is a betrayal by one spouse, as in the case of infidelity. It can be difficult to focus on preparing for your future while dealing with the ramifications of your spouse’s adulterous relationship. It is important that you enlist the services of a divorce attorney to ensure that your interests are protected during this challenging time.