Many types of divorce do not require the complainant to prove their partner's wrongdoing. However, some compel those seeking a divorce to prove fault when dissolving their marriage. In such cases, one form of wrongdoing that the court takes into consideration is adultery. Therefore, if your partner is having a love affair behind your back, you can use this as a reason to dissolve your marriage. But, you might wonder whether your partner's actions amount to adultery or have other issues that need clarification before filing. If this is the case, contact a divorce lawyer before ending your marriage. They will want you to know the following.

You May Have an Upper Hand if You Prove Your Partner Is Adulterous

You may have the upper hand if you prove that your partner is unfaithful. For instance, you can get more assets, or the judge might order your partner to reimburse the money they've spent on their extramarital affairs. However, note that you must provide evidence to prove that your partner used your marital funds to take care of their lover.

In addition, your ex-spouse's extramarital affair can give you full custody of your kids, especially if they start dating before your divorce case is final. In this case, your lawyer can argue that your partner's behavior is immoral and inappropriate. Therefore, they will request that the judge not award them custody. Your lawyer may also raise the adultery issue when ruling on alimony payments. So, if they can prove that your partner has been cheating, you may have a higher chance of getting alimony.

You Must Have Compelling Evidence to Support Your Case

Simply suspecting that your partner is having an extramarital affair is not enough to make the judge rule in your favor. Instead, you must provide compelling evidence to prove adultery. Hence, your attorney will gather important information that will prove beyond reasonable doubt that your partner is having an extramarital affair. It might include photos, text messages, social media messages, and videos shared between your partner and their lover. They might also use financial records to show that your partner has been spending your marital income on their extramarital affair.

If you're planning to use adultery as a reason to end your marriage, a divorce law attorney can offer you all the assistance you need. This includes investigating your case and gathering evidence to prove that your partner is having an affair with someone else.

Contact a divorce law attorney for more information.