Effects of Infidelity on Divorce in Idaho
Is infidelity the reason for your divorce? Divorce is already frustrating. It is understandable that you will feel even more frustrated because your spouse cheated on you. Here, you should be ready to get what you deserve from the divorce. It holds even if you are the victim or if you have victimized your spouse through infidelity. Here are 5 divorce tips to help you for an infidelity-based divorce in Idaho:
Know about the impact of infidelity on the settlement:
Indeed, infidelity is one of the ultimate disloyalties in a wedding relationship. However, it does not make you eligible for as much as you think. It is true when it comes to a divorce settlement. You might think that you should get as much as possible to compensate for the betrayal done by your partner. But, remember that you might not get what you think is fair. So, the first tip is that you should be ready to face things whatever may come.
No prominence on the custody of the child:
The thing to remember here is that infidelity has no impact on child custody. As long as the person, who has committed an extra-marital relationship, is a good parent, he/she will get the right to the custody of the child or visitation.
No-fault Divorce State Idaho does not require proof:
As Idaho is a no-fault divorce state, proof is not essential to confirm infidelity. But, you should prove that you no longer live as husband and wife. You will have to prove if you use infidelity as the base for divorce.
Of course, infidelity in Idaho will not have much impact on settlement. But, the victimized spouse can use it as a tool to claim better alimony awards. Even, he/she can claim for a better share in property distribution stating infidelity as the reason for divorce.
Expenses associated with infidelity might be considered:
Let us consider that the deceiving partner has spent a lot of money on infidelity relationship. In this case, the victimized partner can claim it as compensation.
Infidelity condition for divorce in Idaho:
For divorce purposes in Idaho, it is essential that the infidelity must have occurred within the two years before filing the claim. In case, infidelity is used as the foundation for divorce, it should be proven. It should be proven with clear and convincing evidence as recommended by the Divorce Laws in Idaho.
The evidence to provide infidelity in Idaho can be in the form of documents. The examples include hotel and credit card records. Even, circumstantial evidence can be sufficient to prove infidelity. It is not essential that the other partner should catch the deceiving partner red-handed. But, good photography taken as a memory of the event can be worthy evidence to prove infidelity.
Alimony in Idaho:
Similar to other states in the United States, alimony is the funds that the obligor pays to the obligee when a divorce takes place. Alimony can have a two-fold purpose. The first is to help both partners to live a life close to what they had during their married life. Secondly, it is to ensure that one of the partners is not left insolvent while the other gets a bulk of the money.
In case the infidelity is proven, the judges may order better help to the victimized partner in the following cases:
- The victimized partner lacks sufficient property to meet self needs
- The victimized partner is not able to self-support himself/herself through employment.
In short, infidelity has a role to play in divorce in Idaho. However, this will apply to property distribution and alimony awards. Your case might be different and an attorney can help you decide.
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