Will Cheating Affect My Divorce Case?
Divorce is already an emotionally charged process, and when infidelity is involved, emotions can run even higher. Many people wonder if cheating will influence the outcome of their divorce, especially when it comes to property division, spousal support, and child custody.
For those in Bend, Oregon, and nearby areas, our family law attorneys at Haskett Williams Monaghan are here to help.
In Oregon, divorce laws operate under a no-fault system, meaning neither spouse needs to prove wrongdoing to file for divorce. However, adultery can still play a role in specific circumstances. It’s important to know the consequences of infidelity and how it affects your overall case. Let’s take a closer look at how infidelity might affect your case.
Oregon’s No-Fault Divorce System: What It Means
Oregon follows a no-fault divorce system, meaning spouses don’t need to prove wrongdoing, such as adultery, to end their marriage. The only requirement for filing is that the marriage has suffered irreconcilable differences.
Since the court doesn’t consider marital misconduct when granting a divorce, infidelity won’t automatically impact major decisions such as property division or child custody. However, there are exceptions where cheating could influence certain aspects of the divorce process.
Does Cheating Matter With Property Division?
Oregon follows equitable distribution when dividing assets and debts in a divorce. This doesn’t always mean a 50/50 split, but rather a division the court considers fair based on multiple factors.
Since Oregon is a no-fault state, adultery doesn’t typically affect how assets are divided. However, there are scenarios where infidelity may indirectly influence property division:
Dissipation of assets: If a spouse spent marital funds on an affair—such as paying for travel, gifts, or hotel stays—the court may adjust the division of assets to compensate the other spouse.
Hidden assets: If one spouse attempts to hide assets to benefit themselves or their affair partner, the court could intervene and impose penalties.
Financial contributions: If one spouse primarily contributed to acquiring and maintaining assets while the other engaged in wasteful spending due to infidelity, the judge might consider these factors when dividing property.
To demonstrate financial misconduct, documentation such as bank statements, receipts, and credit card records can be useful in family law cases.
Could Cheating Impact Alimony?
Spousal support is designed to help the lower-earning spouse maintain financial stability after divorce. Oregon courts consider several factors when awarding spousal support, including:
The length of the marriage
The financial and non-financial contributions of each spouse
The standard of living established during the marriage
The ability of each spouse to be self-sufficient
Adultery alone doesn’t automatically affect spousal support awards. However, if an affair had financial consequences—such as reckless spending on a third party—the court may take that into account when determining support.
Additionally, if a spouse’s affair significantly affected the emotional or mental well-being of the other spouse, it might play a role in support negotiations. Judges have discretion in these matters, though there’s no promise that adultery will be a deciding factor.
Does Infidelity Affect Child Custody and Parenting Time?
When determining child custody and parenting time, Oregon courts prioritize the best interests of the child. This allows the court to play its part in safeguarding the affected children. primary considerations include:
The child’s emotional and physical well-being
The relationship between each parent and the child
Each parent’s ability to provide a stable home environment
Whether there’s a history of abuse, neglect, or substance misuse
Cheating on its own doesn’t impact custody decisions. However, if a parent’s affair has negatively affected their ability to provide a stable and supportive home, it could become a factor. For example:
Introducing an affair partner too soon: If a parent quickly moves in with a new partner and the child experiences distress, the court may limit their parenting time.
Exposure to unsafe environments: If the affair involved risky behavior—such as bringing the child around inappropriate individuals—the judge may reconsider custody arrangements.
Emotional well-being: If one parent’s infidelity has caused significant turmoil in the child’s life, the court might adjust parenting time accordingly.
Ultimately, the judge will focus on what serves the child’s best interests rather than punishing a parent for infidelity.
Can Infidelity Affect Divorce Settlements?
While cheating may not directly impact the legal grounds for divorce, it can influence settlement negotiations. Many divorces settle outside of court through mediation or negotiation. When emotions run high, infidelity can make one spouse less willing to compromise, potentially dragging out the divorce process.
If an affair leads to significant financial or emotional harm, the wronged spouse may push for more favorable terms in settlement discussions. This is where legal representation from experienced family law attorneys becomes crucial in protecting financial interests and parental rights.
Legal Strategies When Infidelity is a Factor
If infidelity has played a role in your divorce, taking the right legal approach can help protect your rights and interests. For those working through divorce proceedings where cheating is involved, our family law attorneys recommend the following strategies:
Gather evidence of financial misconduct: If you suspect marital funds were used to support an affair, collect relevant financial records to present in court.
Focus on parenting stability: If the other spouse’s affair has disrupted the child’s well-being, document any concerns that may affect custody decisions.
Remain level-headed: While infidelity can be emotionally painful, approaching the divorce with a clear and strategic mindset can lead to better outcomes.
Seek legal guidance: Consulting an experienced family law attorney can help make sure a fair and equitable resolution is achieved while keeping emotions from dictating decisions.
Our family law firm understands the challenges that come with divorce, especially when infidelity is involved. We work closely with our clients to develop strategies that align with their financial and parenting goals.
Common Misconceptions About Cheating and Divorce
There are many misconceptions about how infidelity impacts divorce proceedings. Below are some common ones:
“If my spouse cheated, I’ll get everything in the divorce.”
Oregon courts don’t punish a spouse for infidelity by awarding the other party more assets. Property is divided based on fairness, not fault.
“Cheating will automatically cost me custody of my kids.”
Custody decisions focus on what benefits the child, not on a parent’s personal conduct unless it affects parenting ability.
“My spouse’s affair means I won’t have to pay spousal support.”
While financial misconduct tied to an affair could impact support decisions, cheating alone doesn’t eliminate spousal support obligations.
“I need to prove infidelity to get a divorce.”
Oregon is a no-fault state, so proving adultery isn’t necessary to obtain a divorce. While cheating won’t automatically sway a divorce case in Oregon, it can still influence certain aspects of property division, spousal support, and child custody.
Understanding how the law applies to your situation is crucial for making informed decisions. If there is infidelity in your marriage, it’s important to reach out to a firm like Haskett Williams Monaghan and work with experienced attorneys.
Contact a Family Law Attorney Today
Our family law firm has helped many clients work through divorce proceedings while safeguarding their financial and parental rights.
If infidelity has played a role in your case, we can help develop a strategy tailored to your needs. In addition to Bend, Oregon, we’re proud to also serve the surrounding areas of Redmond, Sun River, Prineville, and Sisters. Contact us today to discuss your legal options.