Posted on January 10, 2012 in Family Law
Q. My spouse has been cheating on me. Can I make my spouse pay for this wrongdoing?
A. In courts with no-fault dissolution of marriage, fault of one party or the other is generally not admissible in court. However, in the event the extramarital activities are taking place in front of the children, these activities may be admitted as relevant to the custody issue.
Also, if one party is disposing, concealing, or not disclosing assets of the parties, this may be admissible. The Court does not take kindly to a party who tries to commit a fraud on the court by not disclosing assets or disposing of marital assets before the court has divided those assets.
You should consult with an attorney as to how or even whether the conduct of your spouse is admissible in the context of your divorce or dissolution of marriage.
The "wronged" party in a divorce may often feel that some evidence of the wrong should be admitted during a divorce hearing. No-Fault laws have limited the use of such evidence except in certain circumstances.