Last Updated on January 19, 2023 @ 12:15 pm
Divorcing a cheating husband and knowing when the time is right to move on is important when you have had enough of the affairs. According to a study published in the Journal of Marital and Family Therapy, 41 percent of marriages in the U.S. are burdened with emotional or physical infidelity. Infidelity is a major cause of divorce and it can make an already emotional situation much more difficult to handle. Twenty-two percent of men admit to straying at least one time while married. For a woman in a marriage, this is a scary statistic, but it should also help to point out that you are not alone.
Divorcing a Cheating Husband is Tough – Let Our Team Help!
You don’t have to go through this alone. When you decide its time to divorce your cheating husband, you need to make sure that you have a proven advocate, a fighter on your side, to make sure your interests are protected. You also need to ensure that your mental health is in order – infidelity is a form of mental abuse and it should be treated as such.
Divorcing a cheating husband isn’t to go through, and you shouldn’t do it alone. Family, friends, and most importantly, a good divorce lawyer, will help support you and get you through these difficult times. Most divorce lawyers will provide free consultations for those who need to divorce a husband that cheats. In addition to this, a licensed therapist or psychiatrist that specializes in marriage counseling can help. A marriage counselor isn’t necessarily someone who works only with couples to save their marriage, they also assist people that have to move on because of the actions of the other spouse.
Does an Affair Mean the Marriage is Over?
It’s impossible to know if a one-night stand is enough to mean the marriage is over. For some people, this may not be a deal breaker, for other people, this signals that there is no turning back and the marriage is done. Trust being destroyed, it may be impossible to ever return to to the marriage in a healthy state. Affairs are typically characterized as one-night stands but according to most major studies, the average length of an affair is two years. Thirty-one percent of marriages continue after an affair is discovered or admitted to by the cheating spouse. This leads to the conclusion that the majority of marriages touched by infidelity do not last, and in marriages do survive, if the other spouse knew that it lasted for more than 2-years, the amount of divorces would certainly increase.
When infidelity on the part of her husband leads a wife to divorce, a cheating husband becomes enemy number one. Divorcing a cheating husband may mean not only the breaking up of your marriage, but also the ending of a painful chapter in your life. You deserve happiness! Moving on is essential and needs to be done in a healthy manner. Anger, resentment, and hurt feelings will continue, but being a survivor means knowing that moving on and moving forward is the only way to live your best life.
What to Do When Divorcing Your Cheating Husband
A spouse that is scorned may be ready to take the house, the cars, the children, and the family dog. She may even want to take marital property that she has no interest in keeping just to spite her cheating spouse. However, this is not the best approach and a good attorney will tell her this. In almost every state, the fact that a husband cheated does not mean that the wife will get a larger share of the property or money and it does not necessarily mean that the wife will get custody of the kids. This is because almost every state is now what is known as a “no-fault” divorce state. This means that infidelity does not need to be proven to obtain a divorce. The standard in these states is normally that the marriage has had irreconcilable differences and the marriage is dead.
The primary reason the courts in most states have changed from fault-based divorces to no-fault divorces is because of the time and cost involved in proving infidelity. If the husband has not admitted to the affair, it can be difficult to prove and likely would require an expensive private investigator and a lengthy trial that could cost thousands of dollars. By removing the fault requirement to obtain a divorce, large amounts of money and possibly years of court are eliminated.
Does a Cheating Husband Owe Money?
There are some instances where a cheating husband may have to pay a larger proportion of the property/money to his wife though. This could happen through a process called “dissipation.” Most evidence of marital misconduct is considered circumstantial but it may be admissible in court. Cell phone records, pictures, testimonials from friends and co-workers, emails, and text messages are common evidence. The Internet makes it easy to find indication of infidelity and when the information is printed it becomes evidence.
Dissipation makes a cheating husband pay the marriage back for money he spent on his paramour. Then, when the divorce is finalizing, a larger share of that money may be awarded to the wife. This is not easy to prove and likely will cost some money for an attorney to prepare and present the evidence needed to this though. Because of the costs involved, most divorces due to a cheating husband do not involve dissipation claims unless the total amount of money spent by the cheater is many thousands of dollars.
Speaking with an experienced divorce attorney to find out what impact adultery will have on an expected financial settlement is essential. State divorce laws vary when it comes to adultery so while the situation may prove lucrative in some states it may not make much of a difference in others. If adultery will affect the financial outcome, an expert divorce attorney will help his female client document and present the evidence in court. If the husband spent relatively small amounts of money on some dinners, dates, or drinks at a bar, a dissipation claim is almost certainly not worth it because the cost to recoup a few hundred dollars (or even a few thousand dollars) will likely far exceed any award to the wife. However, some cheating husbands have purchased expensive jewelry, vehicles, and taken expensive vacations and cruises with another woman – these types of situations might mean a dissipation claim is worth it in the end.
Next Steps for Moving On
Moving on is essential. A husband who will not admit to his cheating ways may decide to contest the divorce, which might make the process of moving on that much harder, which is why a wife needs to keep things in perspective and look at the big picture (which is not easy to do)! A divorce attorney can provide contested divorce help so the wife does not need to go to extremes to get out of the marriage. Once their union has been dissolved through divorce, moving on and healing from this trauma can begin. Divorcing a cheating husband isn’t easy and there will be many different emotions involved. But working with an expert divorce attorney will streamline the process of divorcing your cheating husband so you can move on to the next positive chapter in your life.