How Does Infidelity Affect the Outcome of a Divorce?

Infidelity – being unfaithful or engaging in a romantic or sexual relationship with a person other than one's spouse – is a major contributing factor to many relationship breakdowns. For many spouses, cheating brings a feeling of betrayal, pain, and distrust, and may eventually lead to a divorce. In a state like Tennessee, the court may consider evidence of adultery when deciding some divorce-related matters. An experienced Tennessee family law attorney can evaluate your unique situation and help you understand how infidelity will affect the outcome of your divorce case.

Attorney Frank Brazil had devoted his career to offering outstanding legal services and helping individuals and families navigate complex divorce processes involving adultery. He is available to discuss your unique situation and enlighten you about the implications of infidelity on the outcome of your divorce case. Attorney Frank Brazil will fight diligently on your behalf to protect your legal rights and make sure you come out as financially stable as possible. Brazil Clark, PLLC proudly serves clients across Nashville and Rutherford County, Tennessee.

Divorce in Tennessee

Tennessee is a hybrid fault state. This means that the state allows both no-fault and fault-based divorces.

No-Fault Divorce

In Tennessee, couples can file for a no-fault divorce based on the grounds of:

Irreconcilable differences: The couple can't get along any longer, and there's no possibility of a reconciliation.

Separation: The divorcing couples can base their divorce on the grounds of separation by showing that:

  • They have lived separately and apart for a continuous period of two or more years.
  • They haven't cohabited as man and wife during this two-year period.
  • They have no minor children.

Fault Divorce

Filing for a fault-based divorce in Tennessee requires one spouse to show that the other party's bad conduct resulted in the divorce. Below are some of the acceptable grounds for fault-based divorce:

  • Impotence
  • Adultery
  • Bigamy
  • Willful or malicious desertion for one year
  • A felony conviction
  • Attempted murder of the other spouse's life
  • Habitual drunkenness or abuse of drugs
  • Cruel and inhuman treatment
  • Abandonment without support

Ways That Adultery Might Factor In

Adultery or infidelity is one of the grounds for a fault-based divorce in Tennessee. This means that having an extramarital affair may likely affect divorce issues such as property distribution and alimony. Here's how adultery might be a factor in a Tennessee divorce:

Spousal Support (Alimony)

In Tennessee, if a spouse commits infidelity during the marriage, the court can deny the award of spousal support to such spouse during the divorce proceedings. To prevent your spouse from receiving alimony, you must provide evidence of the infidelity.

Also, if your spouse committed infidelity, but he or she proves that you knew about the affair, participated in the affair, received money from the affair, and continued living as a married couple, you will be barred from receiving alimony.

Dividing Assets

If the unfaithful spouse used the couple's income and assets to fund trips, vacations, or buy expensive gifts and jewelry for their mistress or lover, the court may take this into consideration during the marital asset divisions. The faithful spouse may be compensated by getting more of the marital assets.

How Brazil Clark, PLLC Can Help

Filing for a Tennessee divorce often involves several complexities. Especially when your partner was having an extramarital affair, negotiating a divorce settlement with your estranged partner, dividing marital property, and establishing alimony payments can be difficult. Therefore, if you're filing for divorce with infidelity involved, you need to consult with a trusted family law attorney for proper guidance and to help you make intelligent decisions.

Attorney Frank Brazil is committed to providing experienced legal guidance and strong advocacy to Tennessee families in family law and divorce-related matters. As your legal counsel, he will evaluate the surrounding circumstances of your personal situation and explore your possible legal options. Also, he will work meticulously with you and your spouse to negotiate a fair divorce settlement and settle divorce-related issues quickly and peacefully. Attorney Frank Brazil will fight zealously to protect your best interests and help you move forward as quickly as possible.

Contact Brazil Clark, PLLC today to schedule a simple consultation with an experienced divorce attorney. Attorney Frank Brazil can offer you the reliable legal counsel, support, and comprehensive advocacy you need in your divorce proceedings. The firm is proud to serve individuals and families across Nashville and Rutherford County, Tennessee. Call him today to get the help you need.


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