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Will Cheating Affect My Divorce Case?

Oct. 14, 2020

According to a study by the American Psychological Association (APA), infidelity is said to be responsible for between 20 and 40 percent of divorces in the United States. Infidelity is among the leading contributing factors to many divorces. Finding out that your partner is having an extra-marital affair can be devastating. If you are considering filing for divorce and wondering whether cheating will affect the outcome of your case, it is important to consult with an experienced divorce attorney for proper guidance.

Rundberg Law, LLC, is committed to providing experienced legal counsel and advocacy in family law matters, including divorce. I will review your case and explain your options. I will work on your behalf to protect your rights and help you navigate key decisions during your divorce process. Contact me today for a free initial telephone consultation. I’m proud to serve clients throughout the Kansas City area, in both Kansas and Missouri.

Adultery and Divorce
in Kansas and Missouri

Kansas is a modified no-fault state. This means that you can seek divorce on no-fault grounds, or file for divorce on fault grounds. Missouri is strictly a no-fault state.

No-Fault Divorce

In a “no-fault” divorce in Kansas or a dissolution of marriage in Missouri, it is not necessary to explain what led to the breakup of the marriage. You only need to state in your petition that you and your spouse are incompatible. This only means that you and your spouse cannot get along anymore and there is no chance for reconciliation.

Fault Divorce

In a “fault” divorce in Kansas, you are filing on the grounds of marital misconduct or wrongful behavior. Such fault may include abandonment, failure to perform marital obligations, cruelty, abuse, and chemical dependency. However, adultery is not one of the grounds for a fault-based divorce in Kansas.

Missouri is strictly a no-fault state, so marital misconduct plays no role in the judge’s decision to grant the dissolution of marriage/divorce.

Ways that Adultery Might Be a Factor

Since adultery is not one of the grounds for a Kansas fault-based divorce and Missouri is a no-fault state, marital misconduct typically will not affect your property division, child custody, or child support. However, it may be considered under the following circumstances:

Spousal Support/Maintenance

In Kansas, marital fault, including adultery, is only rarely considered in making decisions about maintenance. Adultery may be considered when awarding spousal support/ maintenance only in circumstances where the marital misconduct is “so gross and extreme that the failure to penalize the guilty spouse would, therefore, itself, be inequitable.”

In Missouri, the conduct of spouses during the marriage is a factor that a judge may consider when evaluating spousal support/maintenance. Although misconduct does not have to be proven for the dissolution of marriage to be granted, it can have a bearing on whether or not maintenance is granted.

Division of Assets

In Kansas, adultery may also be considered in the division of assets if there is sufficient evidence that one of the spouses spent large sums of money on trips, jewelry, vacations, other expensive items for the other party of the affair.

How Rundberg Law Can Help

There are many complicated issues involved in a Kansas or Missouri divorce. Especially when cheating or other marital misconduct was involved, negotiating a divorce settlement, equitable division of property, and spousal maintenance may be even more difficult. Thankfully, an experienced family law attorney can determine the best course of action and help you navigate key decisions in your divorce proceedings.

For more than 25 years, I have been providing comprehensive legal services and strong representation in matters of divorce, spousal support, asset division, in cases involving adultery. I will work diligently on your behalf to obtain a fair resolution of all the divorce-related issues.

As your legal counsel, I will provide the experienced legal guidance and advocacy you need to get you through this difficult time of your life. I will work on your behalf to protect your rights, your future, and your family’s best interests.

Call Rundberg Law, LLC today to schedule a free initial telephone consultation. I proudly serve clients in the Kansas City area, in both Kansas and Missouri.