Adultery, while a significant emotional and personal betrayal, does not always have a direct legal impact on divorce proceedings.
Indiana is a no-fault divorce state, meaning that proof of wrongdoing like adultery is not required to divorce. However, infidelity can still influence certain divorce aspects, particularly in terms of financial settlements and child custody.
Property division
In Indiana, the division of property during a divorce is based on the principle of equitable distribution. While the court generally aims for a fair division of assets and debts, adultery may play a role in cases where it has significantly affected the couple’s financial situation.
For example, if one spouse has spent substantial marital funds on an affair, the court may consider this when dividing property, potentially awarding a larger share to the non-adulterous spouse for the financial misconduct.
Spousal maintenance
Alimony or spousal maintenance in Indiana is not typically influenced by fault-based issues such as adultery. The primary factors courts consider include the duration of the marriage, the established marital standard of living and the financial needs and earning capacities of both spouses. However, the psychological impact of adultery might affect negotiations, potentially leading to a favorable alimony award for the wronged spouse.
Child custody
Child custody decisions in Indiana are made based on the best interests of the child, focusing on factors such as each parent’s ability to provide a stable and supportive environment. While adultery alone does not determine custody, it could influence the court’s assessment if the behavior negatively affects a child’s well-being.
Adultery can thus shape the dynamics of a divorce in Indiana, even though it is not a direct ground for divorce in the state’s legal system. Whether you are the alleged adulterer or the wronged party, legal guidance can help safeguard your interests.