What Impact Does Adultery Have in a Connecticut Divorce?
In Connecticut, divorce courts are required by law to weigh and consider issues relating to fault.
If one spouse has been unfaithful during the marriage, it can have a tremendous impact on the outcome.
This factor is especially important in long-term marriages and high net worth divorce cases.
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But I Read Somewhere That Connecticut Was a “No Fault” State …
Connecticut is a “no fault” state in the sense that you do not have to prove fault in order to get a divorce.
It does not mean that the courts do not take fault into consideration.
They absolutely do.
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Is Connecticut a Good State for Adultery Victims?
Connecticut is – hands down – the best state in the nation for an innocent victim of adultery to press for a divorce.
First – because as just mentioned – in Connecticut – fault matters.
Cross the line into New York, for example – and fault is completely irrelevant.
Second – because Connecticut is an equitable distribution state.
Unlike community property states, like California, Florida and Texas, there are no special exemptions for pre-martial property, gifts or inheritances.
Everything is in the pot.
In Connecticut, judges can carve up a couple’s assets however they deem fit.
Third – because Connecticut is one of the wealthiest states in the union. Which means Connecticut judges are accustomed to making generous alimony awards – especially in Fairfield County.
In other states, conversely, like Colorado or Texas, not only is fault a non-issue – courts almost never award alimony to anyone.
All of this means that the court is free to enhance an award of alimony or give one spouse a greater share of the assets on account of the other spouse’s adultery.
So when I say there is no better state in the nation for a victim of adultery to file for divorce – it is no exaggeration.
The state that you file in matters.
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Does it Matter How Long Ago the Adultery Took Place?
In most cases, yes. The court has to find that the adultery was a material cause of the marital breakdown. If you had a one-night stand 20 years ago, the court is not likely going to give that very much weight.
If, on the other hand, the adultery is more recent, or if there were a series of affairs, then the court is likely to give this factor more significant weight.
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How Do I Prove My Spouse Had an Affair?
Sometimes your spouse is reluctant to admit that he or she had an affair.
And if that’s the case, then we will need to build a case based on circumstantial evidence.
Which is why I get paid the big bucks.
Exposing cheating spouses is one of the things I do best.
You don’t need a smoking gun or sex tape – although it certainly doesn’t hurt.
The standard of evidence in a divorce action is a preponderance of the evidence – which is another way of saying “more likely than not.”
So if the judge “believes” that “more likely than not” you had an affair – as far as the court is concerned, that’s all that matters.
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What if I am the One Who Cheated?
There are ways of defending against that. But because I represent the innocent spouse 90 percent of the time, I’m not going to talk about that here.
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What if We Both Cheated?
Time to get creative.
Odds are, I’m going to take the position that your spouse’s affair was far worse than your own.
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What if We Were Swingers?
If both parties were having sex with others by agreement, that may substantially mitigate the impact of a claim of adultery. But it’s not black and white. Even for couples the swing lifestyle, you can still make some very compelling arguments for assigning fault.
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Does it Matter Who Files for Divorce in an Adultery Case?
Absolutely. The person who files first gets to present their side of the case first. That is a huge tactical advantage – especially in a fault case. If your spouse cheated on you and you are contemplating a divorce, the very best thing you can do is to file for divorce before your spouse does. It’s literally a race to the courthouse.
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What if We Want to Reconcile?
It typically takes a year before a case goes to trial. If at any time you and your spouse want to call off the divorce to work on your marriage it is easy enough to do. But I would lock in your position as the plaintiff first.
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Can We Force the Boyfriend or Girlfriend to Testify?
In most cases, yes.
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Does Adultery Impact Child Custody?
As a general rule, no. Adultery is relevant to a marriage. It is not particularly relevant to parenting. But there are exceptions.
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Does an Emotional Affair Count?
If an emotional affair contributed to the breakdown of your marriage – yes. There is no strict requirement that the two people in question have sex.
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Why Are Affairs More Consequential in High Net Worth Divorce Cases?
Because in a high net worth case even a small tilt in the percentages can have substantial financial consequences. If, on the other hand, a couple does not own much or earn much, odds are, adultery is not going to matter.
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Is it Okay to Date After You File for Divorce?
There is no general consensus among attorneys on dating during a divorce.
In most instances, I take the position that it perfectly acceptable to date after filing for divorce, provided that you are not cohabitating or paying each others bills. Divorce takes a long time. No point putting your life on hold.
And the Connecticut Court of Appeals has held that what you or your spouse do after the divorce is filed cannot be used to explain the basis of the breakdown.
But there are exceptions.
This is something you would need to discuss with your attorney ahead of time. The unique facts of your case need to be considered.
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What if My Spouse Gave Me a Sexually Transmitted Disease?
Giving your spouse a sexually transmitted disease can be a substantial aggravating factor in an adultery case.
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Have More Questions About the Impact of Adultery?
If you and your spouse are part of a high net worth household, or a high income household in Connecticut, and you believe adultery has contributed to the breakdown of your marriage, the link below to request a free telephone consultation with Attorney Zelotes.
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