Effects of Infidelity on Divorce in Alabama
These days, there are several marriages that end in divorce. One of the key reasons why couples get divorced today is because one of the spouses cheated on the other spouse. Infidelity in Alabama may impact divorces in various ways.
Contrary to several other American states, Alabama permits fault-based, as well as, “no-fault” divorces. Adultery is a major ground for the fault-based divorces. Also, infidelity is one of the key actions that comprise marital conduct. Infidelity in Alabama takes place if a married person gets involved in sexual intercourse with an individual who is not the legal spouse of that person.
Apart from serving as one of the major reasons for a divorce, infidelity in Alabama can have an effect on various issues related to the final settlement of a divorce. In case infidelity can be established, it can offer a great benefit for the innocent spouse while the divorce proceedings are on.
Infidelity and Marital Property Distribution in Alabama
Alabama is considered to be a state that supports equitable distribution. It denotes that it is not mandatory that the court will not divide marital assets equally during a divorce. Rather, they are distributed equitably depending on many subjective factors in the state. One of the factors might be using the martial assets for supporting an adulterous affair.
A good example would be when it is discovered that an infidel husband bought costly gifts for his girlfriend, went on luxurious vacations with her, provided her complete financial support, or rented a house or apartment for her. It can be also using the marital property in some other means to benefit that extra-marital affair. It has been designed not with the intention to penalize the cheating spouse but to mainly make sure that there is equitable property distribution.
Infidelity and Alimony in Alabama
When a spouse cheats on the other, it does not essentially affect the receipt or payment of alimony or spousal support in the State of Alabama. The court, although, can contemplate many factors to determine whether alimony should be awarded or not, the kind of support, which should be given, and the amount of money that should be paid. Such factors include the following:
- Health and age of each of the spouses.
- The marriage duration.
- Each spouse’s earning capacity, employment history, and skills.
- The income, assets, and property of each spouse.
- The standard of living the couple enjoyed during their marriage.
- Conduct of both the spouses, as well as, the impact such conduct had in leading to a divorce.
- Tax consequences of alimony awarded.
- Any other factors a court considers.
As how the spouses conducted during their marriage, as well as, whether the conduct led to the divorce or not is a major determinant for deciding alimony, a judge may decide to lower, eliminate, or raise the award when he/she finds that the infidelity had a major part in the marriage getting dissolved.
Infidelity and Child Visitation/Custody
In Alabama, infidelity may or may not affect in deciding child visitation and custody based on the exact scenarios in that case. Courts in Alabama determine child custody primarily based on the child’s best interests. Hence, in case a kid gets exposure to an extra-marital relationship, as well as, the judge decides that such a relationship between the couple can have a negative effect on the kid, the cheating spouse might be refused custody. An extra-marital relationship can also affect child visitation for a similar reason. In case a non-custodial parent commits infidelity, the judge can determine to restrict the lover of the spouse from seeing the kid.
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