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Will Cheating Ruin My No-Fault Divorce?

Posted By Cairns Law Offices || 10-Dec-2018

Did your spouse cheat on you? Or, are you the one who cheated? Either way, you may be wondering if you can still seek a no-fault divorce despite the fact that one of you did something wrong and hurt the other.

In Pennsylvania, spouses can seek a fault or a no-fault divorce. While people certainly can seek a fault-based divorce on the ground of adultery, it’s actually a lot less popular.

For instance, if your spouse cheated and you decided to end your marriage because of the affair, to seek a fault-based divorce you would have to prove that you are not only innocent and injured, but that your spouse’s misconduct led to the breakdown of the marriage.

Generally, it can take a lot of time and work to prove to the judge that an affair occurred. Instead of spending so much time and energy trying to prove adultery, an innocent spouse will opt to file a no-fault divorce instead, even if their spouse was clearly to blame. So, yes, you can definitely seek a no-fault divorce even if one of you cheated. You do NOT have to seek a fault-based divorce.

How an Innocent Spouse Can Cope

If your spouse cheated on you, we understand that it can be very hard to cope with the emotions. You’ve been hurt and betrayed and it’s only natural to be angry and sad. If you have decided to end your marriage because of the infidelity, here’s our advice:

  • If you have children together, keep the matter between you and your spouse and do not share the affair with the kids.
  • Do not discuss the affair on social media. Instead, keep all divorce matters off of your social media accounts.
  • Focus on your happiness. This can mean getting in the best shape of your life, seeking a promotion, going back to school, enrolling in a new class, or all the above. Now is the time to become your best self – don’t let your spouse’s huge mistake beat you down.
  • If you need someone to talk to, engage your closest friends or family. Consider seeing someone at your church, a counselor or therapist.
  • During divorce negotiations, treat the divorce like a business transaction. You don’t want your emotions to negatively impact the divorce process.
  • When the divorce is final, celebrate with your friends and look forward to the next chapter of your life. Remember, the future is what you make of it.

Related: Does an ‘Emotional Affair’ Count as Adultery?

Are you interested in getting divorced for just $219? If so, contact our firm for a free consultation with a Philadelphia divorce attorney.