adultery can prevent your spouse from receiving alimony.adultery will not prevent your spouse from getting alimony in other statesA judge considers infidelity among many other factors.The judge won't consider adultery in other states.You should meet with a qualified attorney to discuss your state law before you start planning.You have to find proof of your spouse's infidelity.
Step 1: You should read your state law.
In a lot of states, alimony is discretionary.Depending on a variety of circumstances, the judge can decide whether or not to award alimony.The judge will consider adultery in about half of the states.If your state considers adultery, you need to find out.You need to research your state law.You can search for your state, adultery, and adultery.
Step 2: You should consult with an attorney.
If your state considers adultery when determining alimony, you should consult with an attorney.Only a qualified attorney can give you legal advice.Contact your local or state bar association to get a referral to a divorce attorney.You can schedule a consultation with the attorney.Ask how much the meeting costs.The lawyer should represent you.Even though you can meet for a half-hour meeting, you might be better off hiring someone to handle the divorce for you.Ask how much it would cost.
Step 3: Discuss the role adultery played in your divorce.
Some states consider adultery when determining alimony.Discuss your situation with your lawyer.adultery was the cause of the divorce in Georgia.You reconciled after your spouse cheated five years ago.The marriage must have ended because of infidelity.
Step 4: There are financial reasons to oppose alimony.
A judge in your state could not consider adultery.You can try to deny alimony to your cheating spouse.Income disparity is one of the financial factors judges consider.A judge is more likely to award alimony if your income is higher than your spouse's.If your incomes are the same, you have a strong argument against alimony.Each spouse has a future earning potential.Your spouse may not be working.He or she could get a college degree if they got a job.How much your ex makes will not be taken into account by a judge.During the marriage, your standard of living.The judge might award alimony if your spouse became accustomed to a high standard of living.If you had a normal middle-class life, you could argue that alimony isn't appropriate.Your spouse could stay home to raise the children.If your spouse did not give up their career for your family, then you can argue that alimony isn't necessary.Your spouse made a contribution to your career.A spouse who helps start a business or puts another through school has a stronger claim to alimony.If your spouse didn't make any contribution to your career, you should point it out.
Step 5: There are more reasons to oppose alimony.
A judge will consider more than finances when making a decision about alimony.To argue against your spouse getting alimony, you should cite the length of the marriage.If your marriage lasted less than a year, you can argue that alimony isn't appropriate.Your spouse is older.Older people are more likely to get alimony.You can argue that alimony isn't necessary if your spouse is young.Your spouse has an emotional or physical condition.If your spouse is disabled, he or she will have a strong argument for alimony.If your spouse is healthy, you can argue that alimony isn't necessary.There is domestic violence.If one spouse has been convicted of domestic violence, the judge can lower or eliminate alimony.
Step 6: Come up with new strategies.
Even if your spouse cheated, you might not be able to prevent alimony.You should talk to your attorney about other ways to make sure your spouse gets as few assets as possible.It is possible that your spouse used marital property to support a lover.The judge can deduct the money spent on the lover from the amount of property your spouse will get in the divorce.
Step 7: Take your spouse to court for a sexually transmitted disease.
If your spouse has an STD, you may be able to file a lawsuit against him or her for personal injury.Discuss this option with your lawyer.
Step 8: You should get an admission from your spouse.
You need proof that your spouse has been unfaithful.Nothing is more powerful than evidence.You should try to get your spouse to admit to being unfaithful.You should write down the day and time your spouse admitted to cheating.You should look for other evidence if your spouse tries to walk back the admission.Keep in touch.It is possible for your ex to admit to adultery in an email or letter.You should not let these communications go to waste.They can be used as evidence.
Step 9: Speak to the alleged partner.
If you talk to the person your spouse slept with, you can get evidence of infidelity.They might say that they slept with your spouse.If your relationship with your spouse has ended, your partner is more likely to admit this.
Step 10: Obtain other evidence.
There is no need to videotape your spouse with someone else.You need to show that he or she had the chance to cheat on you.Photos of your spouse and their lover together can be used to prove motive and opportunity.It would be great if they acted in an intimate way in the photographs.Constant communication can be seen in phone records.On the weekend, look for late-night calls.People who saw your spouse and lover together.Credit card or bank records can show large purchases.
Step 11: Find out if your ex is living with another person.
You might be able to eliminate alimony if your spouse has moved in with a lover.When a person moves in with a romantic partner, some states will prevent them from getting alimony.Ask your family or friends where your spouse is staying.These people may testify for you.
Step 12: Private detectives can be hired.
Someone might be able to spy on your spouse.You should consider hiring a private investigator.This person can find out who your spouse is spending time with.Private detectives charge a fee.They charge for additional costs.There are detectives in the phone book.Discuss the reasons for hiring them with one.Discuss the scope of the investigation and what kind of evidence you want them to gather.
Step 13: The divorce paperwork should be completed.
It is likely that you will be the one to file for divorce.You should go to the family law court in the county where you live to pick up the divorce forms.These forms can be found online.Most states have no fault divorce, which means neither party is to blame.About two-thirds of the time, you can still claim fault, such as adultery.If you want to file for divorce, make sure you choose adultery.adultery is still considered when determining alimony in some states.In a no fault state, you should try to mention adultery in the divorce petition.Your spouse may have filed for divorce before you.In the petition, he or she should ask for alimony.You can answer the divorce petition and explain why your spouse isn't entitled to alimony in this situation.Mention the reasons for infidelity.
Step 14: Send a copy of the paperwork to your spouse.
The court clerk has to process your papers.Make many copies.You have to give your spouse a copy of your case file.You can make service of divorce papers by paying the sheriff or constable.You can't serve them on your own.You can find a private process server in the phone book.They charge a small fee for their services.You could ask someone who isn't a party to the case to serve the papers for you.
Step 15: Prepare for the hearing.
A trial or hearing is required in a contested divorce.As you prepare for your trial or hearing, you will probably have many preliminary hearings.You will appear before the judge and hammer out issues that will allow you to prepare for trial.There is a chance for discovery during a divorce.subpoenas can be sent to people requesting documents.You can ask your spouse questions under oath.If you weren't able to get proof of adultery before filing for divorce, you can use discovery to gather more helpful information.
Step 16: Your witnesses should be lined up.
You should ask your witnesses to attend the hearing.Tell them when and where.A subpoena is a legal request to show up.A blank subpoena form can be obtained from the court clerk.
Step 17: Give your evidence.
In order to convince the judge that your spouse committed adultery, you can have witnesses testify.You don't have to prove adultery in many states.You need to prove that your spouse had the opportunity to cheat.Evidence that your spouse showed affection to their alleged lover can be used to prove disposition.You can take pictures of them kissing, hugging, and holding hands.People can testify that they observed this conduct.Evidence that your spouse was seen entering their lover's apartment late at night and not leaving until the morning is needed to prove opportunity.You could show that they stayed in the same hotel when they went away.
Step 18: You should cross-examine your spouse's witnesses.
Your spouse can try to prove that your conduct was not adultery.If adultery occurs in your state, your spouse may argue that they are entitled to alimony.You should be able to cross-examine your spouse's witnesses.Question witnesses can be used for more information.
Step 19: Wait for the decision.
Only two states allow jury trials in divorce proceedings, so your case will likely be decided by a judge.After hearing all of the evidence, the judge should make a decision.If your case is complicated, the judge may issue a ruling at a later time.