Table of Contents
Finding out that your spouse has cheated can be extremely painful. It would make you feel as if your entire world is crashing down along with other adverse emotions, including sadness, anger, depression, and vengeance.
While you’re amidst the painful situation of being betrayed by the person you trust the most, you might find it hard to focus on taking legal actions to avenge yourself and punish them. What do you think would happen if you and your spouse have decided to end your marriage due to infidelity?
Generally, there will be a lot of emotions involved. And whether you choose to work things out or not, there will be serious consequences in the end. It’s essential to understand your rights and the implications of your actions should you choose to take legal steps.
That said, here are the questions to ask if you opt to file a complaint against your cheating significant other.
If your spouse cheated on you, what claims can you file?
In many states, adultery plays a significant role in deciding spousal or alimony support. A cheating spouse might no longer have any claim for alimony even though they were entitled to receive it before. It can also give you the advantage to claim alimony as you were the victim of infidelity.
If your state reckons marital misconduct as a component in resolving alimony, you need to gather adequate proof to back your claim. While the processes might vary according to the state, some states allow people to file divorce during the waiting period, which is good news if you want to untie yourself from an unhealthy relationship immediately.
What evidence should you present to prove your spouses unfaithfulness?
In the first stage of cheating, it might not be easy for you to spot the signs. But over time, they will show themselves to you, and your assumptions will be confirmed without you even trying. However, you cannot simply file a complaint out of guts. You need proof.
At this point, you need to act like the FBI, because after all, you never apprehend a person without any evidence. The definition of cheating is broad. It can include engaging in sexual activities or exchanging inappropriate messages with a third party. Whatever the case, you have to prove it.
To gather proof, you need to present photos, interview some people, or as cliche as it sounds, tail your partner. If you see them riding a yacht with another person acting all intimate, you might feel the need to talk to the person who assists them or the boat plumbing systems employee who maintains the vessel. If this is too much work, you can hire a private investigator to do the job.
Will cheating affect the custody of your kids?
In general, a person can date whoever they want after the legal separation. However, there are specific implications should they choose to date the person they cheated with, as it can affect you emotionally. And in most cases, this will affect how you negotiate about child custody. Understandably, you wouldn’t want your children to be with the person who hurt you and the third party who broke your marriage.
While this emotion of yours is exceptionally valid, how you feel about the whole situation might not matter when it comes to the custody case. Remember, the judge’s main priority is the child’s welfare, and if that means that your spouse is entitled to fetch your kids on the weekend, you have to deal with it.
However, the judge’s decision might fall in your favor if they think it’s the child’s best interest to have some space from their other parent, especially if the cheating spouse continues to date the third party.
Can you sue the person whom your spouse has cheated with?
Most infidelity victims want to ensure that both people involved in destroying their marriages suffer the consequences. So to answer the question, yes, you can file a case against the third party; the claim is called “alienation of affection.” You have probably heard about this claim in the news. You can claim alienation of affection when your spouse left or deserted you because of infidelity.
However, claiming alienation of affection is not available in all states. It’s only obtainable in a few states, including Mississippi, North Carolina, South Dakota, New Mexico, Utah, and Hawaii. To prove your claim, you need to present evidence showing genuine affection and love between you and your spouse before they cheated. In addition, you need to state and prove that the third party was the direct cause of your separation.
Before taking action, know your rights and responsibilities. There’s a higher chance for you to get results in your favor if you are well-prepared for the legal steps you ought to take. And don’t forget, being betrayed might make you feel torn and broken, but it’s a phase that will only make you stronger.