How Does Infidelity Affect the Outcome of My Divorce?

Statistics from the Kansas Department of Health and Environment indicate that there were 6,398 marriage dissolutions statewide in 2019, including 6,303 divorce cases. Infidelity is among the leading factors for many divorces. If you are considering filing for a divorce in Kansas and want to understand whether having an extramarital affair will affect the outcome of your case, consulting with a knowledgeable Kansas family law attorney is imperative for detailed guidance.

Roth Davies LLC is dedicated to helping individuals and families navigate complicated divorce processes involving infidelity. Attorney Brandan J. Davies is available to discuss your personal situation and help you understand the ramifications of cheating on the outcome of your divorce case. Mr. Davies will fight diligently to advocate for your legal rights and help you move as quickly as possible. The firm proudly serves clients in Overland Park, Kansas, and throughout Johnson County.

Infidelity and Divorce in Kansas

Kansas is a hybrid fault state. This means that the state allows both no-fault and fault divorces. Pursuant to Kansas Statute Section 23-2701, a decree of divorce shall be granted by the discrete court on any of the following grounds:

  • Incompatibility (no-fault ground)
  • Failure to perform a material marital duty or obligation (fault ground)
  • Incompatibility by reason of mental illness or mental incapacity of one or both spouses (fault ground)

However, adultery isn't one of the grounds for a fault-based divorce in Kansas.

Ways That Infidelity May Factor In

As mentioned, infidelity is not among the grounds for a fault-based divorce in Kansas. This means that even if your partner is guilty of having an extramarital affair, it may not have much impact on marital property distribution, child custody, support, or other divorce-related issues, unless in any of the following situations:

Spousal Support: Adultery may be considered when awarding spousal support in extreme circumstances where the extramarital affair is so gross that the unfaithful spouse has to be penalized by the court. If not, it may be considered unfair to the faithful spouse.

Dividing Assets: Additionally, infidelity may be considered if there is substantial evidence that the spouses having an affair wasted a considerable amount of the couple's finances or income on funding trips, vacations, buying expensive items, and jewelry for the secret mistress or boyfriend.

Getting the Experienced Legal Help You Need

Filing for divorce in Kansas usually involves a lot of complicated procedures. Especially when your partner was being unfaithful, it can be overwhelming to negotiate a divorce settlement, establish spousal support agreements, and divide marital assets with your estranged partner. Therefore, when filing for divorce with infidelity involved, it is important for you to speak with a knowledgeable family law attorney for detailed counsel.

Attorney Lauren Fields has the resources and experience to guide and assist clients in the legal matters of asset division, alimony, child custody, and extreme divorce cases involving adultery. As your legal counsel, she will work diligently with both parties to negotiate a fair divorce settlement and resolve divorce-related issues amicably and quickly. Using her extensive legal understanding, Mrs. Fields will fight zealously to protect your best interests and ensure that you come out as financially stable as possible.

Discovering that your partner is having an affair can be really heartbreaking. Contact Roth Davies LLC today to schedule a one-on-one case assessment with a knowledgeable divorce lawyer. Attorney Lauren Fields will offer you the comprehensive legal counsel, support, and strong advocacy you need to navigate important decisions in your divorce proceedings. The firm is proud to serve clients in Overland Park, Kansas, and throughout Johnson County.


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