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Is your spouse cheating? know your rights

Author: Chris Bennett
Published: Oct 7 2012

Divorce can literally tear an entire family apart. States have recognized that sometimes people aren’t just right for each other, and this realization allowed people to file for divorce based on irreconcilable differences. There are of course other times when bigger issues exist. If your spouse has been cheating, it can seriously affect the divorce proceedings. In order to ensure that you get everything you deserve in the divorce, it is important to know and do a few things in relation to the infidelity.

What is Adultery?

Everyone knows the common definition of adultery, but cheating can take on several forms. According to the best divorce attorney in Orlando, a hidden relationship doesn’t even have to be physical for it to be considered adultery. Several states have decided that there doesn’t need to actually be any sexual intercourse for adultery to have occurred; sexual intimacy is often enough. Courts will decide adultery has occurred if there is a preponderance of evidence. This can come in the form of several late night phone calls, unexplained hotel receipts or just about any action that would be considered unreasonable to a person in a monogamous relationship.

Are You in a ‘No Fault’ State

Oklahoma was the first state to become a ‘no fault state’ in America. This means a divorce can occur for no specific reason whatsoever. Some of these states, however, do still allow fault to be assigned to a specific person in the case. This will usually lead to penalties on the at-fault individual which could include having to pay attorney fees and losing property.

Hire Private Investigator

Most divorce proceedings aren’t like the ones portrayed on television. There usually are no giant photographs of the cheating spouse and their lover engaged in a passionate kiss outside of a motel room; taking the initiative to hire a private investigator, however, could lead to this type of evidence. These investigators are trained to follow people unnoticed and get damning evidence against them. If a spouse really is cheating, a private investigator will be the professional that can get rock solid evidence.

Secure Phone Records

Phone records will go a long way in providing circumstantial evidence when adultery is in question. Since affairs are hidden by their very nature, circumstantial evidence is valid in divorce cases. As mentioned earlier, any behavior that is inconsistent with a person in a monogamous relationship may well be considered as evidence. If phone records show several late night phone calls to a specific number, the judge will likely consider this evidence that points toward adultery.

Check Social Media

One Florida lawyer stated that Facebook plays a role in over ninety percent of her divorce cases. This is likely due to the fact that people do not understand that everything posted on these sites can be used as evidence in a divorce. If the soon-to-be-ex spouse has posted incriminating photos or statuses, it is imperative to print them out and forward them to your lawyer. Even if the adulterer has blocked you from their account, they rarely think to delete all of your friends and mutual acquaintances. This makes it relatively easy to ask a friend to allow you the use of their Facebook page to look for evidence against your ex.

Search for Witnesses

Adultery is usually proved by several different pieces of evidence strung together. Eyewitness accounts fit nicely into these strings of evidence. Anybody who witnessed an event that makes it seem as if your significant other is being unfaithful should be asked to testify about the incident. Eyewitness accounts, although not reliable in every case, are still one of the main pieces of evidence that judges and juries are likely to believe.

Having to get a divorce from a person you love due to their infidelity is a heart wrenching experience. It is important, however, to keep a stiff upper lip until the divorce proceedings are over. Too many people have just let the cards fall where they may because they were depressed; only to wake up one day regretting that they didn’t fight harder during the divorce. A good divorce lawyer is imperative, but taking note of certain things and taking action will definitely increase your chances of getting a fair deal out of the situation.

Chris Bennett is a divorce rights advocate and legal researcher for the best divorce attorney in Orlando. Divorces can be one of the most complicated processes of a lifetime and it is imperative that one seek competent counsel before making any major decisions. The law firm of Katz and Phillips call help you through this difficult process and assist you in understanding your rights.

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