A Spouse Scorned: Adultery and Fault Divorce in New Mexico

Adultery IllustrationCheating or adultery, most especially in marriages is immensely emotional and painful. Although some couples find peace and resolve the issue, others consider adultery as a deal breaker. If you find out that your spouse has been philandering with another man or woman and is considering a divorce, you would be glad to know that New Mexico divorce law considers adultery a justifiable ground.

Effects of Adultery

If you’re filing for divorce because of your spouses’ philandering ways, you must prove it in court and demonstrate that it resulted in the dissolution of your marriage. Adultery means that your spouse had consensual sexual intercourse with another individual than you (their spouse).

Proving Adultery

When proving adultery, divorce lawyers in Albuquerque say that you need to provide a concrete and undeniable evidence of your spouse’s escapades. Luckily for you, there are many ways to go about this: eyewitnesses, photos, video and audio recordings, reports from a private investigator, text messages, e-mails, receipts, and even social media posts.

Claiming adultery against your spouse, on the other hand, won’t have the effect you’re looking for during court proceedings because judges don’t like to nitpick intimate details. This means that crying and becoming overly emotional might not help that much, so focus on the facts and evidence at hand.

Adultery and Child Custody

If your spouse’s cheating ways are having a detrimental impact on your child, it could affect your child custody arrangements. You have to show a direct link between the cheating of your spouse and why they can’t be awarded custody. For example, if giving custody to your spouse would place your child in an unhealthy environment or an environment that could potentially cause mental or physical injury.

In terms of alimony and property division, however, the court would examine many factors, but adultery isn’t one of them.

Whether it’s the embarrassment, cost, or hassle, many couples resort to no-fault divorce, even with allegations of adultery. Think many times before filing to make sure that you’re making the best choice not only for you, but for your whole family.