Many couples deal with infidelity and other forms of betrayal within their marriages. Some of these couples find that they cannot work through their issues and decide to file for divorce. Utah is a state that allows for fault-based divorce. Therefore, one spouse can cite adultery as grounds for divorce.
While a fault-based divorce is possible, Utah also allows for no-fault divorce, meaning that a spouse does not need to hold the other spouse at-fault in order to get a divorce. A couple can state that their “irreconcilable differences” led to their divorce.
Adultery can impact custody and alimony
While you do not have to file for a fault-based divorce, you may find it beneficial to do so in certain situations. For example, adultery may impact alimony determinations by the court. Courts may decide to award a higher amount of alimony to one spouse based on the other spouse committing adultery, particularly if the adulterous spouse spent marital funds to purchase gifts for their affair partner or wine and dine them.
Adultery can also impact child custody if the spouse who committed adultery puts the child in a harmful environment or exposes them to inappropriate behavior. Generally speaking, however, adultery does not usually impact child custody determinations.
Cheating within a marriage can be impossible to overcome for many couples. If you decide to divorce your spouse due to their infidelity, you may benefit from consulting with a family law attorney as soon as possible. Your attorney can review your case and help you decide what to do next.