EMY A. Cordano Attorney at Law
How Does Adultery Affect Divorce In Utah? | Emy A. Cordano, Attorney at Law
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On behalf of Emy A. Cordano, posted in Divorce on Saturday, June 08, 2019.

While we know that you did not get into your marriage thinking that it would end up dissolving, there may be a time when you need a Salt Lake City divorce lawyer. You can count on Emy A. Cordano to be by your side as you work through this difficult time.

One common question we get is whether or not a spouse cheating can affect the divorce process. Today, we will look into that as well as review some basic divorce issues that will need to be handled.

Let’s talk about adultery

When it comes to reasons that people choose to get divorced, one of the most devastating is their spouse cheating on them. It is a betrayal that simply cannot usually be overlooked. However, whether or not adultery affects divorce proceedings depends on what aspect of the divorce we are talking about.

First, we need to point out that Utah takes adultery seriously – it is a misdemeanor criminal offense.

However, in most cases, adultery is not going to be a factor when dividing a couple’s property during the divorce. If a spouse spent a large amount of the couple’s money on their affair, this might be taken into account when it comes to property division. For this to occur, the spouse who was cheated on would need to gather financial records and receipts to show how much their spouse spent on maintaining their affair.

Adultery will also not be taken into account when it comes to decisions pertaining to child custody or visitation unless the affair shows a spouse’s inability to properly care for their child.

What about alimony?

This is where Utah courts will consider the effect of adultery. Spousal maintenance is a vital part of the separation process. During a marriage, it is not uncommon for one spouse to depend on the other financially. During the divorce process, the courts may order the higher-earning spouse to make alimony payments to a financially dependent spouse.

If a spouse believes that they should not have to pay alimony because they were cheated on, they will need to gather sufficient evidence to prove an affair did occur. This includes gathering phone records, financial statements, and any other evidence that connects their spouse to an adulterous relationship (social media postings, text messages, etc.).

Let us get to work today

We know that this is an overwhelming and emotional time in your life. If you are going through a separation or divorce, please consider seeking legal assistance. Regardless of why separation is necessary, Emy A. Cordano is going to be by your side, fighting to make sure you are taken care of.

Let us get to work on your behalf. Yes, there are many things that need to be resolved, but we understand Utah’s laws and will fight to make sure you are treated fairly. If you need a Salt Lake City divorce attorney, you can contact us by clicking here or call us at 801-804-5152 for a free consultation.