Learning that your spouse is having an affair is extremely difficult. For some, the betrayal is too much to overcome and the affair results in a divorce. After making the decision to divorce, you may wonder if you can use your spouse’s actions against them to secure a more favorable settlement. While adultery may affect some terms of your divorce, you will still have to prove your argument. When doing so, you also must be careful that you do not violate Michigan law. A Grand Rapids divorce lawyer can advise on how to prove your allegations to secure a more favorable settlement.
Michigan is a purely no-fault divorce state. This means that to get a divorce, you must simply state that the marriage has broken down and there is no chance of reconciliation. You can still include allegations of adultery within the complaint, but they are not considered legal grounds for divorce.
However, allegations of adultery can still help in your divorce case. You may be awarded more in property division hearings to compensate for marital funds spent on the divorce. Or, a judge may order that your spouse pays more alimony. Before achieving any of these desired outcomes, you must first prove the adultery happened.
Proving adultery in a divorce case can be difficult. Proving that your spouse had the intent or opportunity to have an affair is not enough. You must also prove they actually committed the act.
To do this, you can use text messages, voicemails, and emails exchanged with your spouse about the affair. For example, if your spouse admitted to an affair in a text message, you could present that as evidence to the court. You can also use witness testimony if your spouse talked about the affair with anyone.
It is extremely important to remain cautious when trying to collect evidence. While your spouse’s social media accounts may prove an affair, hacking into your spouse’s profile may be against the law. Additionally, while you may be tempted to record your spouse, particularly if you are having a heated argument about the affair, doing so may be violating Michigan’s wiretapping laws.
The best way to prove adultery in a Michigan divorce is by working with a divorce lawyer in the state. An attorney will know what evidence to collect and will have the resources to investigate and collect that evidence legally, so your case is always protected.
If your spouse had an affair and it resulted in divorce, our Grand Rapids family lawyers at Van Den Heuvel Law Office can help with your case. We know how to prove adultery and use the argument to help you secure the fair settlement you deserve. Call us today or contact us online to schedule a meeting with one of our knowledgeable attorneys and to get the legal advice you need.
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