5 Ways to Financially Prepare for a Divorce Due to Infidelity
5 Ways to Financially Prepare for a Divorce Due to Infidelity
Divorce is a painful process, and when infidelity is involved, it can be even more devastating. According to statistics, 20% of marriages in the United States end within the first five years, and 32% within the first 10 years. Infidelity is a leading cause of divorce, often resulting in significant emotional and financial turmoil.
If you’re facing a divorce due to infidelity, it’s crucial to financially prepare yourself to ensure you’re not left at a disadvantage. In this post, we’ll explore 5 ways to financially prepare for a divorce due to infidelity, covering key considerations like equitable distribution, child custody, and questions to ask a divorce attorney.
1) Gather Solid Evidence of Infidelity
The first and most important step in preparing for a divorce due to infidelity is gathering concrete evidence. Proof of your spouse’s extramarital affair can be crucial in both contested and uncontested divorce cases, as it may influence the court’s decision on asset division, child custody, and spousal support.
For example, in some cases of infidelity, if your spouse has used marital funds for the affair (such as for travel, gifts, or hotel stays), the court may award you a larger share of the marital property during the equitable distribution process. This ensures fairness and helps compensate for financial losses due to your spouse’s actions.
How to Gather Evidence:
- Spy Software: Tools like Win-Spy can be cost-effective for gathering evidence. For just $49 a year, you can monitor mobile phones and remote desktops. The app can help you track your spouse’s online activities, including emails, website accounts, and chats.
- Private Investigator: If you’re unsure about your hunch or if you prefer to confirm suspicions before taking legal action, hiring a private investigator may be an option. However, this can be expensive, often running into thousands of dollars.
2) Understand the Types of Divorce: Contested vs. Uncontested
It’s important to understand the difference between contested and uncontested divorce, as it will impact your financial preparation.
- Uncontested Divorce: Both parties agree on all the major issues (property division, child custody, support). This is a quicker and less expensive process.
- Contested Divorce: The parties cannot agree on critical issues, and the court must step in to decide.
In either case, if infidelity is involved, evidence of it may give you an advantage. Courts often favor the innocent spouse, especially when it comes to equitable distribution and child custody.
Child Custody: If you have children, evidence of infidelity could also influence custody decisions in your favor. You may even be entitled to child support or be able to claim your children as dependents for tax purposes.
3) Track Your Spouse’s Financial Records
One of the most crucial steps is to track and analyze your spouse’s financial records. This includes bank statements, credit card bills, and transaction histories. If your spouse has spent money on the affair (e.g., gifts, trips, hotels), these financial records will serve as strong evidence in your case.
Financial Questions to Ask a Divorce Attorney:
- What financial documents should I gather to ensure a fair asset division?
- How will infidelity impact the division of property?
- What steps can I take to protect my assets and minimize financial loss?
- How can I prove that my spouse has misused marital funds?
Tracking these expenses will help demonstrate that marital assets were used inappropriately and could result in a more favorable division of assets for you.
4) Open a Personal Bank Account and Secure Credit
Divorce can often lead to financial instability, especially if infidelity is involved. To protect yourself, open a personal bank account and credit cards in your name only.
By doing so, you ensure that you have access to funds in case your spouse decides to leave or cut off financial support. Transfer some funds into your new account as a precaution to avoid unexpected financial difficulties.
5) Record Emotional Distress and Explore Legal Options
Infidelity often causes immense emotional pain, and in some states, you may be entitled to sue for emotional distress caused by your spouse’s affair. Keeping a record of your emotional distress and financial losses due to the affair can help you build a stronger case.
Legal Actions You Can Explore:
- Alienation of Affection: In some states, you may be able to sue the third party involved in the affair for alienation of affection.
- Emotional Distress Lawsuit: You could potentially sue your spouse or the third party for emotional distress, depending on your jurisdiction’s laws.
Additional Considerations for Divorce
- Divorce Due to Extramarital Affairs in India: In India, divorce due to infidelity is legally recognized. Under the Hindu Marriage Act and Special Marriage Act, a spouse can file for divorce on grounds of adultery. However, proving extramarital affairs in Indian courts requires strong evidence. The innocent spouse may receive a larger portion of the marital property in such cases.
- Can a Contested Divorce Be Changed to Uncontested? Yes, a contested divorce can be changed to uncontested if both parties reach an agreement outside of court, often through mediation or negotiations.
- Contested Divorce Allowed in Divorce Cases: A contested divorce occurs when one or both parties cannot agree on important matters such as child custody, asset division, or support payments. Infidelity may play a significant role in contested divorce cases.
Conclusion
Divorce due to infidelity is a painful and financially taxing experience. However, by preparing yourself financially—gathering evidence, understanding divorce types, and seeking professional legal advice—you can be better equipped to navigate the challenges ahead.
Remember to ask your attorney the right financial questions, track your spouse’s financial records, and protect your assets as you move forward with your divorce.
