Divorce is an unfortunate, complicated situation that no one
wishes to go through. Nevertheless, with 40 to 50 percent of marriages ending
in dissolution, it's an unavoidable one for several. Factoring in cheating, alimony, and Utah regulations
complicates the scenario even further. Which is the reason that we at The Law
Office of David Pedrazas look to help people entangled in these types
of complicated factors and also make facts more understandable.
Adultery in Utah
In Utah, adultery impacts countless relationships every
year. Other problems regarding sex and fidelity, including fornication, bigamy,
and polygamy are also against the law. Prior to discussing just how infidelity
has an effect on divorce procedures, it is necessary to review the concept of
"fault." In some states, a divorce must show that one of the two
parties is at "fault" for the divorce. A typical sign of fault is
infidelity. This suggests that fault is required for the dissolution to
proceed. Recently, a lot of the fault laws have actually been rescinded across
the nation.
Utah, however, is a "no fault" state; a couple can
just simply apply for dissolution on the grounds of "irreconcilable
differences." Due to this, adultery does not actually factor into the
basic mechanics for getting a divorce. It can, however, factor into a variety of aspects pertaining
to the split, specifically alimony.
Alimony in Utah
Alimony is the court-ordered financial plan from one spouse
to another during separation, and also during or after a divorce. It can not last longer
than the life of the marriage, unless there are extenuating circumstances, and
cuts off when the paying spouse dies, the beneficiary remarries, or if the
paying spouse shows the fact that the receiver has moved into a household with
a new partner and benefits fiscally from it.
Either a husband or wife can ask for spousal support, and
the approval and size depends on a range of aspects:
- Fiscal needs of both parties after the split, which includes debts and other liabilities.
- Earning ability of the potential recipient following the divorce, which includes prior work history, ability to work, and other streams of income.
- Earning potential of the paying husband or wife, including the same pieces from the previous bullet point.
- Marital lifespan. As time passed, the prospective beneficiary may have grown significantly dependent on the other spouse.
- Child custody.
- Standard of living for each of the parties before, during the course of, and after the marriage.
- Fault, which can consist of adultery, physical abuse, scare tactics, or threatening financial security.
By taking part in sexual relations with another person
besides his or her husband or wife, someone could be at fault for the split.
The court, however, does not evaluate the circumstances without investigation.
Infidelity can not be used as fault - in regards to spousal
support - several years after the incident and the couple's subsequent getting
back together. The reveal of this kind of an event has to have been relatively
recent. If both partners committed adultery, then each are at fault and the
spousal support would not change either way.
The committing of infidelity does not necessarily imply that
spousal support won't be delivered, as it's merely one of the numerous aspects
for the court to consider. If the adulterous husband or wife is also the spouse
seeking alimony, however, it doesn't show that individual in a sympathetic
light. Furthermore, if considerable marital finances were invested
either perpetuating or covering up the affair, that will also be taken into
consideration. Spouses are expected to share finances, just not on
extra-marital affairs.
In the absence of a confession, husband or wives seeking to
allege they were cheated on will need to provide the court with sufficient
proof. This can include phone records, credit card statements, bank statements,
receipts, or other tangible evidence. It's important for the accuser to talk
to a legal professional before going forward with these claims, because
confirming adultery may be very challenging.
Child Custody in a Utah Divorce
Generally speaking, cheating does not factor into concerns
over child custody; it only gains influence it if the child was somehow
emotionally traumatized by an event concerning the affair. A child catching a
parent in the act of cheating would most certainly influence the court's
perception of that parent's duty.
Contact The Offices of David Pedrazas for a Free Consultation
Going through a divorce, especially following possible
extramarital relations, is an emotionally draining event like few others. The
complicated world of legal jargon and Utah legislation does not make this
kind of an event any easier. Let the legal pros at The Law Office of David Pedrazas relieve your burden and work with your situation a personal basis. The info
laid out above is a great start to learning more about the truth of your
circumstances, but our offices can help out much more. If you're dealing with a dissolution of marriage in the state of Utah,
don't hesitate to contact us today for a complimentary consultation.
