Marital Misconduct and Divorce: What Does it Mean?

As a divorce lawyer, I have seen many cases where marital misconduct has played a role in the decision to end a marriage. But what exactly is marital misconduct, and how does it impact divorce proceedings? In this article, I will explain what marital misconduct is, how it can affect divorce, and what you can do if you believe your spouse has engaged in misconduct.

What is Marital Misconduct?

Marital misconduct refers to any behavior by one spouse that violates the marital contract and undermines the integrity of the marriage. This can include a wide range of actions, such as:

• Adultery
• Physical or emotional abuse
• Substance abuse
• Financial infidelity
• Abandonment
• Criminal behavior

It is important to note that not all states recognize marital misconduct as a grounds for divorce. In some states, such as California, divorce is considered a "no-fault" process, meaning that neither spouse needs to prove that the other did something wrong in order to end the marriage. However, in other states, such as Texas, marital misconduct can be a factor in determining issues such as property division and spousal support.

How Does Marital Misconduct Impact Divorce?

If marital misconduct is a factor in your divorce, it can have a significant impact on the outcome of your case. For example:

• Adultery: If one spouse has committed adultery, it can affect property division and spousal support. In some states, the adulterous spouse may be barred from receiving spousal support, and the non-adulterous spouse may be entitled to a larger share of the marital property.
• Abuse: If one spouse has been physically or emotionally abusive, it can impact child custody and visitation. The court may be hesitant to award custody to an abusive parent, and may require supervised visitation or other restrictions.
• Substance abuse: If one spouse has a substance abuse problem, it can impact child custody, visitation, and property division. The court may require drug testing, and may award custody to the other parent if the substance abuse is deemed a danger to the children.

What Can You Do if You Believe Your Spouse has Engaged in Misconduct?

If you believe your spouse has engaged in marital misconduct, it is important to speak with a divorce lawyer as soon as possible. Your lawyer can advise you on the laws in your state, and can help you gather evidence to support your claims. Some steps you can take include:

• Keeping a journal of any incidents of misconduct
• Gathering financial records to show any financial infidelity
• Obtaining police reports or medical records to document any abuse
• Hiring a private investigator to gather evidence of adultery

It is important to remember that proving marital misconduct can be difficult, and may not always result in a favorable outcome. Your lawyer can help you weigh the pros and cons of pursuing a claim of misconduct, and can advise you on the best course of action for your specific situation.

Conclusion

Marital misconduct can have a significant impact on divorce proceedings, but it is important to understand the laws in your state and the potential outcomes before pursuing a claim. If you believe your spouse has engaged in misconduct, speak with a divorce lawyer as soon as possible to discuss your options. Remember, divorce is a complex process, and having a knowledgeable and understanding advisor on your side can make all the difference.