While adultery may be grounds for divorce in regards to a person’s
emotions, in the state of Washington (and in most other states), the law
does not recognize infidelity as “grounds” for divorce. Instead,
Washington is considered a no-fault divorce state.
This means that a spouse does not have to provide any specific reasons
as to why they want to divorce their partner. A judge will issue a divorce
order if the spouse who wishes to divorce states the current marriage
is irretrievably broken, meaning the relationship is so damaged that it
cannot be restored.
Will Adultery Affect Alimony Awards?
Because Washington does not consider any type of marital misconduct, alimony
awards are not affected by cases of adultery. If spouses cannot come to
an alimony agreement prior to the divorce, a judge will make the decision
by considering the following:
- The duration of the marriage
- The physical, emotional, and financial conditions of the spouse requesting alimony
- The time or money needed to fulfill an education or other training to make
the requesting spouse able to find adequate employment
- The standard of living established during the marriage
- The amount of money needed to cover the costs of everyday needs
- And other factors
Will Adultery Affect Child Custody?
A court determines child custody by deciding in favor of the best interests
of the child. If one of the parents is behaving in a way that can be considered
a detriment to the child’s well-being, it may be considered. For
instance, not spending enough time with the children, irresponsible behavior
like drinking or drug use, excessive partying, etc.
Experienced Family Lawyers Waiting to Fight for Your Future
If you are considering filing for divorce, we encourage you to reach out
to our Washington divorce lawyers at McKinley Irvin right away. When you
contact us, we will take the time to understand the intricacies of your
case so we can create an effective strategy based on your specific needs
and desires. We know that ending a marriage is stressful—our goal
is handle the legal processes and provide the support you need to focus
on your and your family’s well-being. We have helped thousands of
individuals in all types of family law matters since 1991.
We are ready to protect what you value most. We invite you to contact our
Washington divorce attorneys at McKinley Irvin to schedule a consultation.