What is Marital Misconduct and How Does it Affect My Divorce?

  1. Family Law
  2. What is Marital Misconduct and How Does it Affect My Divorce?
Woman holding wedding ring

It has been reported by the Center For Disease Control and Prevention (CDC) that over 740,000 married couples file for divorce each year in the United States. The decision to file for divorce from one’s spouse is a difficult choice that may take a lot of consideration. There are many reasons that couples may file for divorce, and marital misconduct is one of the leading factors. If marital misconduct is a factor, or the reason, for your divorce, it is important that you contact a divorce lawyer to get help protecting yourself and your rights.

The experienced divorce lawyers at King Law have extensive knowledge of how to help clients with their divorce proceedings when marital misconduct is a factor. Our award-winning legal team understands that dealing with a divorce for any reason can have a damaging impact on a family if not handled correctly. That is why our divorce attorneys work to build trusting relationships with our clients so that we may provide them with the personalized legal services that will allow them to be successful in their specific case. We understand that going through a divorce that involves marital misconduct can be overwhelming. If you are filing for divorce, it is important that you are knowledgeable of what marital misconduct is and how it can affect your divorce.

What Is Marital Misconduct?

Marital misconduct refers to mistreatment of one spouse by the other during the marriage. A variety of acts can qualify as marital misconduct. These acts include:

  • Cheating
  • Abandonment
  • Reckless spending
  • Concealment of assets
  • Drug or alcohol abuse

If one spouse has committed marital misconduct, this will typically put him/her at a disadvantage in divorce proceedings. If you are going through or contemplating a divorce, you should be aware of the consequences of marital misconduct. Marital misconduct becomes relevant in discussions of post-separation support and alimony. Alimony is financial support that one former spouse may be ordered to pay the other. Marital misconduct is an important factor of several in determining alimony.

How Can Marital Misconduct Affect Your Divorce?

In determining how marital misconduct would affect your situation, it is important to determine which spouse is the supporting spouse. The supporting spouse is typically the spouse who earns more money. The dependent spouse is typically the spouse who earns less money. If there is evidence that the dependent spouse committed misconduct during the marriage, he/she will likely be denied alimony. If there is evidence that the supporting spouse committed misconduct during the marriage, he/she may be ordered to pay alimony.

These scenarios are most clear-cut when the marital misconduct in question is infidelity. When your spouse has committed a different type of marital misconduct, the effect on alimony may vary. Judges typically give the greatest consideration to the most shocking or harmful instances of marital misconduct when determining alimony.  Cohabitation with a romantic partner other than your spouse while you are still married makes you ineligible for alimony. It is in your best interest to communicate with your spouse through your attorney following a separation. This serves to prevent statements you make from being taken as admissions to any form of marital misconduct. An attorney can help clarify how much weight a judge is likely to give marital misconduct in your situation.

How Can a Marital Misconduct and Divorce Lawyer Help You?

If you are going through a divorce where one or both parties have been accused of marital misconduct, the process of going through the necessary legal steps can feel overwhelming. However, the attorneys at King Law are dedicated to making sure that you and your family get through the divorce proceedings with as little animosity as possible. When you work with one of our skilled divorce lawyers, you will receive the following benefits:

  • Prompt communications
  • Knowledge of the North and South Carolina legal system
  • Experience helping clients with divorce proceedings that involve marital misconduct
  • Build trusted relationships with clients
  • Personalized legal services
  • Dedicated representation
  • Award-winning legal team

At King Law, our goal is to help protect you and your rights as you go through this difficult process with your family.

Get Help from a Marital Misconduct and Divorce Lawyer

Marital misconduct can have an impact on your divorce depending on the nature of the misconduct. If you are in the midst of a divorce where marital misconduct is a factor, it is crucial that you contact a marital misconduct and divorce lawyer for help.

At King Law, our family law and divorce lawyers are dedicated to helping defend our clients and their rights. If you have questions about marital misconduct or alimony, our attorneys here at King Law are happy to assist you. To schedule a consultation, call (888) 748-5464 or fill out our contact form here.

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