QUESTION

Will proof of cheating change our divorce? How?

Asked on Jul 14th, 2015 on Divorce - Nebraska
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I have proof that he cheated on me. He cheated on me for years. I am pursuing divorce. Will this change the divorce or the settlement? What about the type of divorce that I should file?
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7 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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There is only one type of divorce. No this like most states, is a no fault state. The only impact would be if he used community funds to foster his affairs (bought gifts, etc).
Answered on Jul 14th, 2015 at 6:28 PM

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In Wisconsin we only have one kind of divorce. And the laws here, and now in most states, are essentially 'no-fault.' Meaning that you get a divorce because you want one. (In legal talk, the 'marriage is irretrievably broken.') The court does not want to know about anyone' personal morality, unless it is abusive or criminal. (Adultery is not illegal.) If he has wasted marital resources (meaning lots of money or property) in the course of this affair, you can seek a lopsided division of marital property, but you'd have to prove the expense and what it went for. Find a good matrimonial lawyer in your area.
Answered on Jul 14th, 2015 at 6:22 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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If you are in Florida, typically not, as Florida is a No Fault State. However, if you can prove that he wasted marital assets and monies in having his affair (such as bought her a car, paid for her rent, paid for hotel rooms, gave her monies, etc. - typically has to be more than just dinner and drinks), it could have an impact on the distribution of marital assets and debts. You should consult with an attorney.
Answered on Jul 14th, 2015 at 6:18 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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No, it won't. Wisconsin is a no fault divorce state.
Answered on Jul 14th, 2015 at 2:38 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Cheating has no bearing on divorce in California as it is a no fault divorce state. Sorry.
Answered on Jul 14th, 2015 at 2:36 PM

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No it will not. Florida is a NO FAULT State. Reasons are not necessary to get a divorce. If one party wants a divorce, that party does not need a reason and the other party cannot stop the divorce by objecting to it.
Answered on Jul 14th, 2015 at 2:33 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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Nebraska is a no fault state which means it doesn't matter if he cheated on you. The only way it would possibly come into evidence is whether or not he spent money on his outside activities and if there is a custody question.
Answered on Jul 14th, 2015 at 2:05 PM

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