Yes, cheating and all other infidelity stories are constant favorites on the headlines. Politicians, celebrities and even unknown people involved in infidelity can share a story that interest’s many people. And you know how the betrayed can get the sympathy of most readers or viewers. And if you think this can leverage you if you decided to have a divorce because you got cheated on, you could never be more wrong in thinking so. Courts in divorce cases really don’t care about who cheated and who got betrayed. Aside from the fact that the price on getting a divorce based on infidelity goes through negotiated settlements and that there are states with divorce laws that is called no-fault divorce. So if you have cheated or you have been cheated, don’t be too sure about the court decisions yet.
So, just what is a no-fault divorce?
There are States that have laws that allow people to go through a divorce without the need of documenting the reasons for the divorce. This means that these courts do not care who got hurt or who is to blame that the marriage gone awry. This also tells you that marriage disasters breaking a wife or a husband’s heart such as infidelity do not count at all.
How can you be financially awarded in divorce proceedings?
So, most courts do not really care for the reason of your divorce. This also indicates that financial awards don’t come your way just because you got betrayed. The formula of financial awards has nothing to do with who got cheated. Sad to say, with so many divorces occurred and still occurring due to cheating, the courts have been hardened to the impact of infidelity.
In Atlanta, at least half of the divorce cases are due to cheating or infidelity and not all of them goes well with the one being cheated on. Take for example a case in Miami. A financial consultant has caught her husband in the act with their nanny. You would have thought that she will get a hefty alimony as she was the one who was cheated and that she caught her husband on it too.
But that was not the case. Her husband, now her ex, never had a job in their marriage and has no means of supporting himself, much more giving her alimony. In the end, she has to pay monthly support of her husband who is jobless.
She was bankrupt and her house was foreclosed. Not to mention the depression she felt seeing the 18 year marriage gone. She really didn’t get anything to compensate with the pain she felt being betrayed. Now, she has to pay her husband too. And this is because Florida divorce law is no-fault.
So, there is no hope for you to be pacified by divorcing a cheating spouse?
You don’t have to feel so down though. You can still get your revenge if you know how and make arrangement outside the court- truth is that most of the divorce cases are being settled outside the court. Here’s how you do it.
Think about the prevention rather than the cure
When you get married and filled with love, you might not think you or your partner will look for someone else. In fact, you won’t want to think about it. However, with the rising number of marriage dating right now, it would really be best if there was a prenuptial agreement between you and your soon-to-be spouse. This is in case one of you cheated. You can say that if you are being cheated on, you will get to be awarded a certain amount of money or you get to control your spouse’s estate or you get to have the house among others.
Legal battles can be expensive. Not to mention the stress that you have to go through to ensure you get financially awarded. But being cheated on doesn’t ensure you get what you want. That is why a prenuptial agreement or postnuptial agreement can do a lot of good. Get a good lawyer to take care of this.
Focus on financial flows rather than the infidelity
The courts do not listen to things that matters of the heart but they get all judged up if they see evidence of excessive expenditure. If you were to point out that your spouse spent too much, without your consent or knowledge, then the court will hear your side and might award you compensation for this expense. You will need to prove this though and it does not bode well if you just sneak into your spouse personal accounts online. Hacking can put you on criminal litigation. The best evidence you can find is to have your cheating spouse money trail to be followed.
If you have been physically abused or gone through your spouse extreme temperaments
You have a good fight if you have been hurt or can prove you are abused in any way. A spouse who flaunts his or her affair with his or her partner or is neglectful to his or her responsibilities at home and kids, then this can be a factor you can use to make the case go your way.
In most cases, the wind goes to a wife who went for sympathetic settlements rather than one who when up legal battle in a court. So, cheating per se may not impact much on what you can be awarded on; but the effect of infidelity – excessive cost and abuse – might. Better to have a prenuptial agreement though, while both of you are amiable and think that there is no way you or our spouse will cheat.