If you're the spouse who committed adultery, it's vital that you're honest about the affair. If you don't tell the truth and they find out, you could receive an unfavorable outcome in the divorce, lose the respect of those who know the truth, and open up a rift between you and your children or your future ex-spouse. Infidelity can cause your spouse to become exceptionally angry and cause you to fight more than you could have done otherwise. If this is the case, make sure you have good legal support from a specialized family lawyer.
Family judges seek to divide assets in a marriage between 50 and 50, no matter who is “at fault.” The time spent with children will also be divided equally, taking into account their well-being, their living conditions and their educational needs. In many states, adultery plays a role in determining alimony or spousal support. A spouse's infidelity can prevent you from seeking alimony to which you would otherwise be entitled. It can also help you file for alimony if it's the other spouse who has cheated.
If you live in a state that considers spousal misconduct, such as adultery, to be a factor in determining alimony, you should make sure you have the evidence you need to support your claim. In some states, such as South Carolina, for example, a complaint of adultery may allow you to file for divorce within a shorter waiting period than established (this varies from state to state, although in most states it's normal to one year). Adultery isn't just a crime in the eyes of your spouse. In 21 states, cheating in a marriage is illegal and punishable by a fine or even jail time.
While the court may request that emails and phone records be sent, if you are considering separating or divorcing and you suspect that your spouse has cheated on you (or is still cheating), it is essential that you seek legal advice before taking action.