Divorce may be a difficult process that involves financial hardships and emotional suffering. Adultery within a marriage creates another level of complication and feelings of betrayal, and many people question how it could affect the divorce settlement. Understanding how cheating affects divorce in Kansas City, MO, can be complex, especially when it comes to issues like child support, custody, and alimony.
Missouri’s Divorce Process
A “no-fault” divorce system exists in Missouri. This implies that in order to get a divorce, neither party must provide evidence of the other’s misconduct, such as cruelty, adultery, or drug usage. Rather, the sole condition for ending a marriage is that it is “irretrievably broken.” The removal of grounds for divorce based on fault lessens hostility between partners, which may also save legal expenses and facilitate the process for everybody involved.
This does not negate the importance of adultery in the divorce process, even if Missouri law does not need fault in order to get a divorce. In some cases, the existence of adultery might influence the court’s decisions regarding matters such as child support, custody, and alimony.
Does Missouri Alimony Change With Infidelity?
In divorce disputes, alimony—also known as “maintenance” in Missouri—is frequently a crucial factor. In order to guarantee that both parties can satisfy their financial obligations after a divorce and, if feasible, preserve the style of life they shared throughout their marriage, courts grant spousal maintenance. In Missouri, judges have a great deal of discretion in deciding whether to grant maintenance and how much of it to give. Amounts of spousal maintenance are determined by things like:
- The combined income of the two partners
- The amount of time needed for the recipient spouse to find a job that fits their needs and the lifestyle they have created together
- How long the marriage lasted
- The two spouses’ ages and conditions
- The paying spouse’s capacity to support themselves financially and meet their own needs
“The conduct of the spouses during the marriage” is one of the criteria Missouri courts take into account. This means that unless it has a major impact on the couple’s income, infidelity usually has little bearing on the court’s judgment for spousal maintenance.
For example, when calculating alimony, the court may consider the fact that an adulterous spouse has seriously harmed the family finances by using marital assets for an affair, such as emptying joint accounts to pay for trips or gifts for a lover.
However, judges typically give infidelity less weight in cases where it has just caused emotional suffering and has not had a direct effect on the family’s financial condition. The ability of each spouse to sustain themselves after a divorce and their financial demands continue to be the key priorities.
The Effect of Adultery on Child Custody
While adultery can cause stress in a marriage, Missouri child custody decisions are mostly unaffected by it. The court bases custody judgments on what it deems to be in the children’s best interests, taking into account things like:
- The physical and emotional demands of the child
- The bond between each parent and their child
- The capacity of each parent to create a stable environment
Adultery, however, may occasionally come up in child custody disputes. A parent’s adulterous behavior may influence the court’s decision if it puts the child’s safety or well-being in danger. A parent may be granted less custody or visitation time if, for instance, they fail to fulfill their parental obligations by leaving the child alone while having an affair.
This could indicate to the court that the parent is not making good decisions. The child’s best interests continue to be the driving premise, and any behavior on the part of a parent that jeopardizes those interests may have an impact on custody decisions.
Child Support and Adultery
Adultery generally has little bearing on child support payments. Missouri uses the following criteria to determine child support:
- The parents’ combined income
- The quantity of time (parenting time) that each parent spends with their child
- The requirements of the child
However, a parent’s adulterous behavior may have an indirect effect on their child support payment if it results in a custody arrangement where they see their child less frequently.
For example, if the court restricts a parent’s parenting time due to their adulterous behavior, the parent may have to pay higher child support since they aren’t supporting the child during their time together. A parent may generally be required to pay more in child support the less time they spend with their children.
FAQs
Q: Is Adultery Considered When Deciding Who Gets Custody of The Children?
A: Unless the actions of the unfaithful parent put the child’s safety or well-being in jeopardy, adultery is not normally considered when matters pertaining to child custody are being decided. In the process of determining child custody, the courts give priority to what is in the child’s best interests. Adultery will only be considered if the infidelity has caused the child to be in an unsafe or unhealthy environment.
Q: Does Cheating Affect the Division of Property in Missouri?
A: In most cases, adultery does not have an impact on the distribution of marital property in the state of Missouri. Rather than basing the distribution of assets on blame or wrongdoing during the marriage, the court’s objective is to ensure that assets are distributed fairly based on financial contributions and needs.
Q: Can Adultery Increase the Amount of Alimony I Have to Pay?
A: It is possible that adultery can increase the amount of alimony you have to pay, but it is quite improbable unless the infidelity has a considerable effect on the financial situation of the family. Although it will be taken into consideration by the courts as one of several factors, the primary focus will be on the financial necessity and the ability to pay.
Q: Can My Spouse Use My Affair to Get More Child Support?
A: A spouse may not necessarily use your affair to get more child support in and of itself. It is not the act of adultery itself that has an effect on the calculation of child support. On the other hand, if your affair results in less time spent parenting, you can be required to pay a higher amount of child support as a consequence.
Contact Stange Law Firm Today
If you are going through a divorce in Kansas City, MO, an attorney at Stange Law Firm can help you navigate the legal system and decide the right path for you. Contact us today for more information.
