How Adultery Affects Divorce and How to Prove It
When it comes to divorce, Oregon is a no-fault state, which means you don't need and can't use fault to file for a divorce. For example, while adultery can feature in some state's divorce, Oregon doesn't even allow you to bring up your spouse's infidelity during your divorce. However, the court may allow a discussion of your spouse's infidelity i fit indirectly affects an aspect of your divorce.
Here's what you should know about adultery in an Oregon divorce.
The Effect
Just because you can't use fault to file for divorce doesn't mean that adultery has no bearing in your divorce proceedings. Here are some aspects of your divorce that adultery may indirectly affect.
Child Custody
Courts make child custody decisions based primarily on the welfare of the child. Adultery is a crime against the other parent and not the child, so ordinarily, it doesn't affect child custody. However,adultery becomes an issue in child custody if it affects the welfare of the child. Here is how this can happen:
The adulterous parent doesn't spend time with the child but spends all their free time with their new partner
The new partner is abusive of the kids,and the parent doesn't intervene
The adulterous parent uses all their money on the new lover and leaves the child to suffer
In all of these cases, the court will allow you to bring up the issue of adultery and consider it when determining child custody.
Alimony
Just like child custody, adultery may also affect alimony calculations indirectly. Some of the factors that directly determine alimony include:
Marital and separate assets
Contributions of both spouses to the marital assets
Wastage of resources by either spouse
Marital sacrifices made by either spouse,among others
Infidelity may affect one or more of the above factors. Consider an example where the adulterous partner uses marital resources to treat their new lover. In this case, the court may use the dissipated assets in the alimony determination.
Asset Division
Lastly, your partner's affair may also affect the value of assets you own and, by extension,affect the asset division process. If the court is of the
view that your partner's infidelity reduced the marital resources, the court may reduce your partner's award and increase your award in proportion to the value of the dissipated assets.
The Proof
Adultery is notoriously difficult to prove, so you have your work cut out for you if you want to use it in your divorce. The following are the major ways to prove adultery.
Audiovisual Evidence
Audio visual evidence in the form of pictures or video footage is one of the best forms of adultery evidence. If you can find CCTV footage, for instance, it can provide irrefutable proof of your partner's infidelity as long as the footage is authentic. A private investigator can help you unearth such evidence if it's available.
Eyewitness Testimony
Eyewitness testimony can also provide you with good evidence against your partner. Testimonies from multiple witnesses, which corroborate each other,are better than testimony from a single witness. The witnesses should be impartial and credible for their testimonies to hold water.
Indirect Proof
Absent direct evidence, you can also use indirect or circumstantial evidence to strengthen your claims of adultery against your partner. Circumstantial evidence can include things like travel records,exchange of romantic texts, room bookings,and public displays of affections, among others. The more circumstantial evidence you have, the stronger your case is.
The Law Offices of Jamie L. Hazlett & Associates has a wealth of experienced lawyers that can help you analyze the circumstances of your divorce and advise you on the arguments to make. Discuss with us the circumstances of your partner's infidelity,and we will help you determine whether the adultery can feature in your divorce.
